Mr. Inderjit Singh, J.:- The complainant/applicant has filed this criminal miscellaneous application under Section 378(4) Cr.P.C. against Darshana Devi for grant of leave to appeal against the impugned judgment dated 13.04.2015 passed by learned Judicial Magistrate Ist Class, Chandigarh, vide which the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as Rs.the NI Act’) has been dismissed and the accused has been acquitted of the charges as framed against him.

2. It has been mainly submitted in the application that the applicant is filing the accompanying criminal appeal against the judgment of acquittal which is likely to succeed as per grounds mentioned therein. It has been stated that it would be in the interest of justice that leave to appeal be granted and the appeal be heard on merits. It has, therefore, been prayed that this application be allowed and leave be granted to the applicant to file appeal.

3. The brief facts of the case as noted down by learned Judicial Magistrate Ist Class, Chandigarh, in his judgment dated 13.04.2015 are as under:-

“Complainant has instituted instant complaint alleging that accused approached him for a financial help of Rs.11,00,000/-. In view of the friendly relationships, complainant arranged a sum of Rs.1,80,000/- on 05.01.2011 from his friend Bahudutt Sharma, a sum of Rs.1,50,000/- from a business concern i.e. Right Concept Group, 2nd Floor, SCO No.215-217, Sector 34-A, Chandigarh on 10.01.2011, a sum of Rs.1,33,000/- on 01.02.2011 and Rs.4,00,000/- on 19.02.2011 from the account of his son out of which Rs.2,00,000/- was arranged after cancelling the fixed deposit of his son on 17.02.2011, a sum of Rs.1,00,000/- on 01.03.2011 and another sum of Rs.1,00,000/- on 05.03.2011 from his friend Shri Joginder Singh and paid the amount to accused. In total a sum of Rs.10,63,000/- was got arranged and paid to the accused against the demand of Rs.11,00,000/-. Complainant further alleged that in order to discharge her liability towards him, accused issued cheque bearing No.436533 dated 05.03.2011 drawn on State Bank of Patiala, House No.199, Sector 7, Panchkula for a sum of Rs.10,63,000/-, that on presentation for clearance on 16.04.2011 to his bankers i.e. Oriental Bank of Commerce, Sector 9-D, Chandigarh, was returned unpaid by banker of accused vide memo dated 16.04.2011 with remarks “Inoperative Account”. Complainant sent a legal notice dated 25.04.2011 through registered AD and speed post demanding the payment of cheque amount and accused sent a reply dated 07.05.2011, but accused failed to make the payment within stipulated statutory period of 15 days. Complainant prayed for summoning and punishing accused for commission of offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter called “N.I. Act”).”

4. The complainant examined himself as CW-1, CW-2 Dinesh Singh, Peon, OBC, CW-4 Sumit (no witness has been numbered as CW-3), CW-5 Joginder Singh and CW-6 Bahudutt Sharma and closed his evidence.

5. At the close of complainant’s evidence, the accused was examined under Section 313 Cr.P.C.and confronted with the evidence of the complainant, but she denied the correctness of the same and pleaded herself as innocent. The accused also pleaded that she had issued the cheque in question in blank form as security in some old transaction of 2008. That the said transaction was cleared, but the complainant did not return the cheque. She also stated that she has no outstanding liability qua cheque in question.

6. In defence, the accused examined DW-1 Nirmal Kumar, Special Assistant, SBOP, Sector 8, Panchkula, who deposed that cheque book of which cheque in question was a part was issued to accused on 15.07.2005. He also stated that the cheques were encashed from same cheque book during period of 2007 to 2008 as Ex.DW.1/3 to Ex.DW.1/8. DW-2 Kamlesh Chand, Clerk in the office DEEO, Panchkula produced documents Ex.DW.2/1 to