Judgment

Mr. Jasjit Singh Bedi, J.

The applicant/appellant has filed the present application for grant of leave to appeal against the judgment of acquittal dated 20.12.2018 passed by Judicial Magistrate Ist Class, Faridabad whereby the accused-respondents have been acquitted of the charges under Section 138 of the Negotiable Instruments Act, 1881.

2. The brief facts of the case are that the instant complaint came to be filed by the complainant firm/applicant-appellant (hereinafter known as ‘the complainant’) through its proprietor Mr. Prabhu Dayal Thiran stating therein that the complainant was a firm dealing in various retail lubricants. The accused-respondents (hereinafter known as ‘the accused’) had purchased material from the complainant for which the complainant had a credit account of the accused firm in their account books. Towards payment to the complainant, the accused issued a cheque bearing no. 748541 dated 01.02.2017 for Rs.1,00,000/- drawn on “State Bank of India”, Faridabad”. When the complainant presented the said cheque for encashment through its banker, the same was returned as unpaid vide return memo dated 01.03.2017 with the remarks “Funds Insufficient”. The comp