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2019 Supreme(P&H) 1817

RAMENDRA JAIN
Kartar Singh Contractor – Appellant
Versus
Galaxie Constructions And Another – Respondent


Advocates Appeared:
Manish Soni, Adv., Gurinder Singh, Adv.

JUDGMENT

Ramendra Jain, J. -Through this application under Section 378(4) Cr.P.C., prayer has been made for grant of Special Leave to file accompanying appeal against the judgment of trial Court dated 01.10.2013, whereby complaint filed by applicant under Section 138 of the Negotiable Instruments Act, 1881 (for short-'the Act') was dismissed and respondents were acquitted.

    2. Briefly, applicant filed a complaint under Section 138 of the Act, on the allegations that respondents had issued three cheques bearing Nos. 028986 dated 12.06.2007 of Rs.5,75,000/-; 028987 dated 12.07.2007 of Rs.5,75,000/- and 028988 dated 12.08.2007 of Rs.5,76,577/-, to discharge their liability, which on presentation to the bank had bounced. After holding trial, the said complaint of the applicant was dismissed by the trial Court vide judgment impugned herein.

      3. Learned counsel for the applicant inter alia contends that the trial Court has failed to appreciate that respondents have admitted their signatures on the cheques in question and that they belonged to their bank account. Respondent No. 2-SK Garg, Proprietor of respondent No. 1 admitted in his statement under Section 313 Cr.P.C., that he had issued c

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