Dishonour of Cheque – Cheques for return of amount – Paying of amount by complainant not proved – Accused acquitted

Mr. Inderjit Singh, J. - This order will dispose of the above mentioned two criminal miscellaneous applications filed under Section 378(4) Cr.P.C. against Praveen Kumar for grant of leave to appeals against the impugned judgments dated 17.09.2016 passed by learned Judicial Magistrate Ist Class, Hisar, vide which the complaints filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act’) have been dismissed and the accused has been acquitted of the charges as framed against him.

2. It has been mainly submitted in the applications that the applicant is filing the accompanying criminal appeals against the judgments of acquittal which are likely to succeed as per grounds mentioned therein. It has been stated that there has been ample evidence on record to prove the guilt against the respondent. It has, therefore, been prayed that these applications be allowed and leave be granted to the applicant to file appeals.

3. The brief facts of the cases as noted down by learned Judicial Magistrate Ist Class, Hisar, in her judgment dated 17.9.2016, are as under:-

“Factual matrix of the instant complaint, as averred by the complainant, are that the accused was having very good acquaintance with the complainant and being having cordial relationship, the accused approached the complainant in the month of December, 2009, and represented the complainant that he is carrying a business in partnership and one of the partner intending to leave the partnership to the tune of his share and accused intends to make the complainant as partner in the said business to the tune of share of the partner, who wants to leave the partnership. He has further stated that this business yield a handsome profit and for becoming the partner, the accused required the complainant to hand over only Rs.7 Lacs, which will be invested by the accused in the business and he will incorporate the name of the complainant as a partner and will execute partnership deed in favour of the complainant. The complainant, believing the accused, handed over Rs.7 Lacs and accused assured the complainant, that soon in near future, he will execute partnership deed with the complainant.

It has been further averred that despite passing of long time, when nothing has been heard from the accused, the complainant approached the accused for getting information, then the accused prevaricated the matter on one pretext or the other. When after a considerable long time, the complainant had not heard anything from the accused or any formal document stands executed, in respect of the partnership business, the complainant feel deceived and he moved a complaint, against accused on dated 10.5.2014, with the concerned Chowki, where the accused has admitted his guilt and suffered an affidavit before the police on dated 27.5.2014 and offered the complainant to make payment of Rs.7 lacs, within a period of one year. The accused, in discharge of his legally enforceable debt/liability, issued seven account payee cheques each amounting to Rs.1,00,000/- (Rs. One lac only), in favour of the complainant, with the assurance that the same will be honoured as and when presented with the bank. The present complaint is regarding cheque bearing No.012682 dated 4.5.2015 of Rs.1,00,000/- drawn on Indian Bank, Hisar, (hereinafter to be referred as cheque in question). However, the cheque in question on presentation, by the complainant in his bank account, got dishonoured from the Drawer’s bank with the remarks “funds insufficient” vide bank return memo dated 15.5.2015. Thereafter, the complainant sent registered legal notice to the accused on 13.06.2015, but the drawer failed to make the due payment within the stipulated period of 15 days, despite receipt of legal notice. Hence, the present complaint.”

4. The complainant examined himself as PW-1, Subhash Chander, Munshi, Urban Estate-II Chowki, Hisar as PW-2, Surjeet Singh as PW-3 and closed his evidence.

5. At the close