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2021 Supreme(MP) 23

VIVEK RUSIA
Ram Singh – Appellant
Versus
Hukum Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Akash Rathi, Learned Counsel

ORDER :

Vivek Rusia, J.

1. This is a petition filed u/s. 378(4) of the Cr.P.C. seeking leave to file an appeal by the applicant/complainant against the judgment dated 13.3.2020 passed by learned Judicial Magistrate, First Class (JMFC), Indore in Complaint Case No. 36992/2016 whereby the respondent/accused has been acquitted from the offence u/s. 138 of the Negotiable Instruments Act.

2. Facts of the case, in short, are as under:

The applicant and respondent are close friends, relatives and belong to one community. By virtue of the relation between them, the respondent sought financial support from the complainant and according to the applicant/complainant, he gave a friendly loan of Rs. 7.00 lakhs in various instalments to the respondent from the period 17.11.2014 to 17.4.2016. After some time when he demanded the amount from him, the respondent issued Cheque No. 060922 dated 2.6.2016 of Rs. 7,00,000/-. The applicant presented the said cheque in his Bank Account in Allahabad Bank, Kanadia Branch, Indore, but the said cheque has been returned with a note dated 16.6.2016 that the amount in the Bank Account of the respondent is insufficient.

The applicant served the legal notice through hi

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