JUDGMENT

Harsh Bunger, J. (Oral)

CRM-20082-2019

This is an application under Section 391 read with Section 482 of the Code of Criminal Procedure for placing on record additional evidence of documents i.e. cross-examination statement of CW1 as Annexure A-1, Cheque bearing No.000233 dated 05.03.2017 as Annexure A-2, bank statement of complainant/appellant from 08.02.2017 to 12.04.2019 as Annexure A-3.

Criminal Misc. Application is allowed, as prayed for and Annexures A-1 to A-3, are taken on record, subject to all just exceptions.

CRM-20081-2019

This is an application seeking condonation of delay of 41 days in filing the accompanying application for grant of leave to file appeal.

For the reasons mentioned in the application, the same is allowed and delay of 41 days in filing the accompanying application for grant of leave to file appeal is condoned.

Criminal Misc. Application stands disposed of accordingly.

CRM-A-1258-2019

The instant application has been filed under Section 378(4) of the Code of Criminal Procedure, for grant of leave to file appeal against impugned judgement dated 18.01.2019 passed by learned Judicial Magistrate Ist Class, Panipat, whereby, the criminal complaint filed by her under section 138 of the Negotiable Instruments Act (for short 'N.I. Act') has been dismissed and the respondent/accused has been acquitted of the charges framed against him.

2. Briefly, applicant-complainant filed a complaint under section 138 of the N.I. Act by stating that the respondent-accused took a friendly loan of Rs.4 lacs from her on 09.02.2017 for solemnizing the marriage of his daughter and the respondent-accused had promised to pay the said amount within a period of one month. It was alleged that after about one month, when the applicant-complainant demanded the aforesaid amount from the respondent-accused, then in order to discharge his legal liability, he issued a Cheque No.853101 dated 09.03.2017 for an amount of Rs.4,00,000/-, drawn at 'Sarva Haryana Gramin Bank, Bastara, with the assurance that the said cheque would be honoured upon its presentation in the bank. However, when the afore-said cheque was presented by the applicant-complainant to his bank for encashment, the same got dishonoured with the remarks "Funds Insufficient" along with bank memo dated 15.03.2017. Thereafter, legal notice dated 29.03.2017 through registered A.D. was served upon the accused by the complainant, calling upon the respondent-accused to make the payment but neither he gave any reply nor made any payment of the said cheque. Hence, the complaint under section 138 of the N.I. Act was filed.

3. After preliminary evidence, the respondent-accused was summoned to face trial under section 138 of the N.I. Act vide order dated 04.05.2017. Subsequently, he appeared in the Court; whereupon, notice of accusation under Section 251 of the Code of Criminal Procedure was framed and served upon him for offence under section 138 of the N.I. Act vide order dated 24.07.2018, to which, he pleaded not guilty and claimed trial.

4. In pre-charge evidence, complainant-Sadhvi Govind Bharti, examined herself as CW-1 vide her affidavit Ex.CW1/A and thereafter, closed the evidence.

5. After conclusion of complainant evidence, the statement of the respondent-accused was recorded under Section 313 of the Code of Criminal Procedure and all the incriminating material was put to him. The respondent-accused also claimed to lead evidence in his defence.

6. In defence evidence, the respondent-accused did not produce any oral as well as documentary evidence.

7. The learned Judicial Magistrate Ist Class, Panipat, after appreciating the evidence, dismissed the complaint filed by the applicant-complainant and acquit