AVNEESH JHINGAN, J.

CRM-23669-2015

This application is filed for condonation of delay of 16 days in filing the main application.

For the reasons mentioned in the application, the same is allowed and delay of 16 days in filing the appeal is condoned.

CRM-A-1222-MA-2015

1. The application under Section 378(4) Cr.P.C. is filed against the judgment of acquittal dated 24th April, 2015 in complaint No. 37/4 dated 26th  March, 2012.

2. The brief facts as set up by the applicant are that respondent(accused) borrowed an amount of Rs.2,00,000/- on 12th December, 2011 as friendly loan bearing interest rate of 2% per month. To discharge the liability the respondent issued cheque bearing No. 877143, dated 20th February, 2012. On presentation, the cheque was dishonored with the remarks ‘insufficient funds’. After serving notice and on failure of respondent to pay the amount, the complaint was filed.

3. The respondent took a defence that the respondent used to sell his crops through Bhattian Gill Company and for those transactions his cheque book having 4-5 cheques was taken and when demanded back, it was stated to be misplaced. To substantiate his defence applicant examined Satwant Singh Bhatti and Ran