JUDGMENT

Jasjit Singh Bedi, J. - The applicant/appellant has filed the present application for leave to appeal against the order of acquittal dated 18.12.2019 passed by Judicial Magistrate, Ist Class, Bhiwani, whereby the complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by the applicant/appellant was dismissed.

2. The brief facts of the case are that in the month of April, 2016, the complainant advanced a friendly loan of Rs.3,00,000/- to the accused for his personal requirements. The accused person promised to return the amount within 2/3 months.

3. In order to discharge his liability, accused issued a cheque bearing No.390196 dated 16.07.2016 amounting to Rs.3,00,000/- in the name of Punjab National Bank, Halu Bazar, Bhiwani. The cheque when presented to the Bank of Baroda was returned unpaid with memo dated 18.07.2016 by the office of Punjab National Bank, with the remarks that "Insufficient Funds".

4. The complainant led preliminary evidence and closed the same on 30.08.2016 who tendered his affidavit Ex.CW1/A reiterating the averments of the complaint and proved the following documents in his documentary evidence:-

S. No. Exhibits Documents 1 Ex.C1 Origina