JUDGMENT

Harsh Bunger, J.

CRM-15784-2018

There is delay of 06 days in filing the accompanying appeal.

2. For the reasons recorded in the application, the same is allowed and delay of 06 days in filing the accompanying appeal is condoned.

3. Criminal Misc. Application stands disposed of accordingly.

CRM-A-821-MA-2018

4. The instant application has been filed under Section 378(4) of the Code of Criminal Procedure, 1973 (for short `the Cr.P.C.') for grant of leave to appeal against impugned judgment dated 20.01.2018 passed by learned Sub Divisional Judicial Magistrate, Ratia, whereby, the criminal complaint filed by the applicant under section 138 of the Negotiable Instruments Act, has been dismissed and the respondents have been acquitted of the charges framed against them.

5. Brief facts of the case are that applicant/complainant-Subhash Kumar filed a complaint against respondents i.e. respondent No.1-Ram Kumar, proprietor of M/s Ram Kumar Dharampal, Commission Agent and respondent No.2-Rajesh Kumar son of Sh.Ram Kumar, Manager/Agent/Authorized Representative of M/s Ram Kumar Dharampal, Commission Agent, under section 138 of the Negotiable Instruments Act, 1881 (for short `the N.I. Act'). As per the applicant-complainant's version, he and the accused persons used to work on profit sharing basis and after the settlement of accounts with respondent-accused No.2 (Rajesh Kumar), the respondents-accused were under liability to pay Rs.8.24 lakhs and a writing was also executed in this regard. It is alleged in the complaint that upon demanding the afore-said amount on numerous occasions by the complainant, respondent No.1 finally, in order to discharge his legal liability, issued a Cheque No.843584 dated 05.06.2017 for Rs.8.24 lakhs, drawn at `Punjab National Bank, Branch Ratia, Fatehabad.' However, upon presentation, the said cheque was returned back dishonoured vide Memo dated 06.06.2017 with remarks "Account closed". Upon this, the applicant-complainant issued a legal notice dated 13.06.2017, calling upon respondents-accused to make the payment within the stipulated period. Upon failure of respondents-accused to make the payment, a complaint under section 138 of the Negotiable Instruments Act was filed by the applicant-complainant.

6. On the basis of preliminary evidence, the respondents-accused were summoned to face trial under section 138 of the Negotiable Instruments Act and subsequently notice of accusation was also served upon them on 18.09.2017, to which, they pleaded not guilty and claimed trial.

7. In order to prove his case, the applicant-complainant stood into the witness box as CW1 and closed his evidence after tendering the following documents :-

8. At the closure of the complainant's evidence, respondents-accused were examined under Section 313 of the Cr.P.C., wherein, they denied all the incriminating evidence as incorrect. It was categorically stated that they neither issued any cheque in applicant-complainant's favour nor they are under liability to pay the cheque amount. It was further stated that the respondents-accused have worked with M/s Lakhmi Chand Shiv Kumar and in the year-2013, they handed over the cheque in question to one Bhuvesh Kumar along with the application for closure of bank account and said Bhuvesh Kumar, had misused the cheque by handing it over to the applicant-complainant.

9. In the defence evidence, the respondents-accused e