JUDGMENT

Harsh Bunger, J.

CRM-A-658-MA-2018has been filed under Section 378(4) of the Code of Criminal Procedure, for grant of leave to appeal against impugned judgment dated 15.01.2018, passed by the learned Judicial Magistrate First Class, Patiala, whereby the criminal complaint filed by the appellant under section 138 of the Negotiable Instruments Act has been dismissed and the respondent (Seema Sharma) has been acquitted of the charges framed against her.

2. Briefly, the present applicant-appellant (complainant) through his attorney namely Gobinder Mittal filed a complaint under section 138 of the Negotiable Instruments Act read with Section 420 of the INDIAN PENAL CODE against the respondent, wherein it was alleged that the applicant-appellant (complainant) was having friendly relation with the respondent/accused and the respondent/accused had taken financial assistance of Rs.60 Lakhs from the applicant-appellant (complainant) in the presence of Gobinder Mittal and in order to repay the amount of Rs.60 Lakhs, the respondent had issued 3 cheques of Rs. 20 Lakhs each in favour of the applicant-appellant (complainant), all cheques dated 15.03.2012. It was alleged that the respondent/accused paid an amount of Rs. 20 Lakhs and all the abovesaid three cheques were returned to the respondent/accused, however, for the return of the balance amount of Rs. 40 Lakhs, the respondent/accused had acknowledged her previous loan and also issued cheques for the balance amount and an agreement dated 22.03.2012 was also executed in this regard between the parties. It was alleged that the amount of Rs. 40 lakhs was to be repaid in different installments mentioned in the agreement dated 22.03.2012 and a sum of Rs. 23 lakhs stood repaid, however, the balance amount of Rs. 17 lakhs plus interest for the delayed payment was payable by the respondent/accused and in order to discharge her partial liability, she issued a cheque bearing No.091364, dated 15.12.2015 for a sum of Rs.10 lakhs drawn on Andhra Bank from her account in favour of the applicant-appellant (complainant) with the assurance that the same would be encashed as and when presented to the banker. However, upon presentation, the said cheque was dishonoured vide memo dated 08.01.2016 with the remarks "Funds Insufficient". Thereafter, legal notice dated 01.02.2016 was sent through the registered post calling upon the respondent/accused to make the payment within the prescribed period of 15 days. Since, the payment was not made by the respondent/accused, accordingly, the aforesaid complaint under section 138 of the Negotiable Instruments Act was filed.

3. On the preliminary evidence, learned Judicial Magistrate First Class, Patiala summoned the respondent/accused, thereafter, the notice of accusation under section 138 of the Negotiable Instruments Act was served upon the respondent/accused to which she pleaded not guilty and claimed trial.

4. In order to prove the guilt of the respondent/accused, the complainant examined himself as CW-1 and tendered the following documents:

5. Thereafter, the statement of the respondent/accused under Section 313 Cr.P.C. was recorded and all the incriminating evidence appearing against her was put to her, whereupon, she denied all the allegations and pleaded innocence and false implication. The following defence plea was taken by the respondent/accused:-

"I am innocent. A false complai