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2022 Supreme(P&H) 957

AVNEESH JHINGAN
Anoop Singh – Appellant
Versus
Dal Singh – Respondent


Advocates:
Ms. Rahish Pahwa Dudeja, Advocate, for the Appellant.

JUDGMENT

Avneesh Jhingan, J. (Oral) - These applications are filed seeking leave to Appeal against the judgment dated 10.8.2016 passed by Judicial Magistrate Ist Class, Karnal dismissing the complaints filed by the petitioner. The applications are accompanied by the applications for condoning the delay of 72 days.

2. As the facts, issue involved are similar and parties are same, these two petitions are being decided by common order.

3. However, facts have been taken from CRM-A-82-MA of 2017.

4. The brief facts are that the petitioner filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') on dishonouring of cheque bearing No. 026937 dated 23.4.2012 amounting to Rs.2,00,000/- drawn on HDFC Bank, Karnal. The cheque was returned with the remarks "insufficient funds". After issuing notice, the complaint was filed.

5. The trial court vide judgment dated 10.8.2016 acquitted the respondent, hence the present application.

6. Learned counsel for the petitioner submits that the trial court erred in acquitting the respondent, as there was no dispute that the cheque was signed by the respondent and he had handed over the cheque to the petitioner.

7. The tria

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