JUDGMENT :

(Pankaj Jain, J.) :

Applicant seeks leave to appeal against the judgment dated 01.09.2016 passed by Judicial Magistrate 1st Class, Karnal dismissing the complaint filed by the applicant under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the N.I. Act’) acquitting the respondent.

2. Applicant filed a complaint under Section 138 of the N.I. Act claiming that the respondent issued him cheque bearing No.636104 for an amounting to Rs.2 lacs on 8th August 2006 in discharge of his legal liability. However, when presented the same was dishonored vide memo dated 27th August 2006 and 2nd September 2006 for the reason, “funds insufficient”. After serving statutory notice of demand, the complaint was filed within the prescribed period of limitation. Accused was summoned to face trial.

3. Counsel for applicant while assailing the judgment passed by the Trial Court submits that the Trial Court erred in dismissing the complaint merely on surmises and conjectures. He submits that the complaint has been dismissed merely on the ground that the complainant has not been able to mention the date when the cheque was issued and what was his relationship with t