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2019 Supreme(P&H) 2104

INDERJIT SINGH
Ravi Raj – Appellant
Versus
Satpal – Respondent


Advocates Appeared:
Mr. Virender Kumar, Advocate for the Appellant; Mr. Parminder Singh, Advocate for the Respondent.

JUDGMENT

Inderjit Singh, J. - Applicant-Ravi Raj has filed this application under Section 378 (4) Cr.P.C. seeking permission for leave to appeal against respondent Satpal, challenging the impugned judgment dated 20.08.2014 passed by learned Judicial Magistrate 1st Class, Karnal, 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, therefore, prayed that leave to appeal be granted.

3. As per the record, complainant Ravi Raj filed a complaint against accused Satpal under Section 138 of the Negotiable Instruments Act. As per complainant's version, accused borrowed an amount of Rs.3 lakhs from the complainant as a friendly loan. In discharge of this liability, the accused issued a cheque bearing No.925482 dated 15.02.2010 forRs.3 lakhs, in favour of the complainant, which on presentation for encashment was returned back with the remarks 'Insufficient Funds'. Legal notice was served. When the amount was not paid, then the complaint was filed within time.

4. The complainant examined CW-1 Sandeep Kumar, Official of Canara Bank and examined himself as

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