DEEPAK GUPTA, J.

CRM-A-692-MA of 2014

This application for grant of leave to appeal under Section 378(4) Cr.P.C is directed against the order dated 19.09.2013 passed by learned Judicial Magistrate Ist Class, Panipat in complaint No.2565 of 2012 titled ‘HDFC Bank Ltd. vs. Mohinder Singh’, whereby the said complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as `the N.I. Act’) has been dismissed and the respondent-accused was acquitted.

2. Leave granted. On direction to the Registry to assign appeal number, number CRA-AS-348-2023 has been assigned.

CRA-AS-348-2023

3. Trial Court record reveals that as per the allegations made in the complaint, facilities of cash credit limit and the term facility were availed by the accused from the complainant- Bank and in order to discharge his outstanding dues, accused issued Cheque No.202612 dated 01.09.2009 for an amount of ?2,25,658.08 Ex.C1 from his account maintained in Bank of Punjab Ltd., Ambala Cantt. On presentation, the cheque was returned vide memo dated 04.09.2009 Ex.C2 with remarks “Insufficient Funds”. Legal notice dated 22.09.2009 Ex.C3 was sent to the accused asking him to make payment of the c