JUDGMENT

Jasjit Singh Bedi, J. - The applicant/appellant has filed the present application for grant of leave to appeal against the order of acquittal dated 28.01.2020 passed by Judicial Magistrate, Sri Muktsar Sahib, whereby the accusedrespondent has been acquitted of the charges under Section 138 of the Negotiable Instruments Act, 1881.

2. The brief facts of the case are that the present complaint was filed by the complainant against the accused under Section 138 of the Negotiable Instruments Act with the allegations that the accused had taken a cash loan of Rs.90,000/- from him in the month of April, 2017 and in discharge of his legal liability had issued a post dated cheque bearing No.000043 dated 26.05.2017 drawn at HDFC Bank, Branch Grain Market, Sri Muktsar Sahib amounting to Rs.90,000/-. It was further submitted that the complainant having his account at Canara Bank, Branch Sri Muktsar Sahib presented the above said cheque for encashment on 26.05.2017 to his banker and then his banker sent the said cheque to the banker of the accused i.e. HDFC Bank, Branch New Grain Market, Sri Muktsar Sahib on the same date i.e. 26.05.2017 and the said banker returned the cheque in question