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2018 Supreme(P&H) 2285

INDERJIT SINGH
Lalit Kumar – Appellant
Versus
Daya Shankar Gupta – Respondent


Advocates:
Mr. Shiv Kumar, Advocate for the applicant.

JUDGMENT

Mr. Inderjit Singh, J.:- Applicant-Lalit Kumar has filed this application under Section 378(4) Cr.P.C. seeking permission for leave to appeal against respondent Daya Shankar Gupta, challenging the impugned judgment dated 17.09.2014 passed by learned Judicial Magistrate Ist Class, Faridabad, vide which the accused-respondent was acquitted.

2. It is mainly stated in the application that accompanying appeal is being filed which is likely to succeed on the grounds taken therein. It is further stated that applicant will suffer irreparable loss in case leave is not granted. It is, therefore, prayed that leave to appeal be granted.

3. As per the record, complainant Lalit Kumar filed a complaint against accused Daya Shankar under Section 138 of the Negotiable Instruments Act. As per complainant’s version, accused is well known to him. Accused borrowed a friendly loan of Rs.74,690/- from the complainant in the month of January 2012 for his personal use and promised to repay the same within a period of six months. In order to discharge his liability, accused issued cheque bearing No.264769 dated 16.07.2012 amounting to Rs.74,690/-, in favour of the complainant, which on presentation











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