Punjab-Haryana High Court
Jasbir Singh Virdi vs State Of Punjab & Anr on 23 December, 2014
Author: Inderjit Singh
Bench: Inderjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No.A-1282-MA of 2014 (O&M)
Date of decision: 23rd December, 2014
Jasbir Singh Virdi
...Petitioner
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr. Narinder Kumar Vadehra, Advocate,
for the petitioner.
****
INDERJIT SINGH, J.
Criminal Misc.No.24785 of 2014 Heard. For the reasons, mentioned in the application, the same is allowed. Delay of 93 days in filing the application is allowed. Criminal Misc.No.A-1282-MA of 2014 Applicant Jasbir Singh Virdi has filed this application against State of Punjab etc. under Section 378(4) Cr.P.C. for leave to appeal from the judgment of acquittal dated 01.03.2014, passed by the learned Judicial Magistrate Ist Class, Gurdaspur.
It is mainly stated in the application that present application is being filed alongwith accompanying criminal appeal and the same is likely to succeed. Learned trial Court while acquitting the accused-respondent (hereinreferred as 'the accused') under Section 138 of the Negotiable Instruments Act, has committed grave illegality which has resulted into miscarriage of justice. The findings of the learned trial Court are perverse. It is prayed that leave to appeal from the judgment of acquittal dated 01.03.2014, may kindly be granted to the applicant.
MAMTA MALHOTRA2015.01.05 11:47 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. No.A-1282-MA of 2014 (O&M) -2-
I have heard learned counsel for the applicant and have gone through the record especially the judgment dated 01.03.2014, passed by the learned trial Court.
Brief facts of the present case are that applicant- complainant Jasbir Singh Virdi (herein referred as 'the complainant') filed the complaint against Ravi Kumar accused with the allegations that he (complainant) deals with the business of supplying coal under the name and style of 'M/s Hari Om Traders'. Accused purchased coal from him through various bills duly signed by him and in lieu of that and in order to discharge his liabilities, he issued cheque No.555118 dated 07.05.2008, amounting to Rs.2,95,000/-, drawn on Bank of India, Branch Gurdaspur (Punjab). On presentation, the said cheque was reutred unpaid with remarks 'no account'. Accused intentionally and knowingly issued the cheque in order to avoid the payment and to deceive the complainant. Accused was summoned under Section 138 of the Negotiable Instruments Act.
Learned trial Court, while appreciating the evidence, held the accused denied of giving any cheque to Jasbir Singh complainant. The trial Court also held that first of all no bill regarding purchase of coal nor any account books nor any document has been produced on record to show the existing legal liability regarding which the cheque was issued. Secondly, the Court held that cheque was issued from the account of M/s Shivani Traders Green Market and not from the account of accused Ravi Kumar. Therefore, the offence under Section 138 of the Negotiable Instruments Act is not made out against the respondent Ravi Kumar.
MAMTA MALHOTRA Thirdly, the Court held that 2015.01.05 11:47 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. No.A-1282-MA of 2014 (O&M) -3- nothing has been shown in the complaint or in the evidence that Ravi Kumar accused has any concern with M/s Shivani Traders Green Market.
Further perusal of record shows that the accused has denied the issuance of cheque in his statement under Section 313 Cr.P.C. The account does not belong to accused rather it belongs to M/s Shivani Traders Green Market. Therefore, the judgment passed by the learned trial Court is correct and as per law and it does not require any interference by this Court.
Finding no ground to leave the appeal under Section 378 (4) Cr.P.C. , the instant application stands dismissed.
23rd December, 2014 (INDERJIT SINGH)
mamta JUDGE
MAMTA MALHOTRA
2015.01.05 11:47
I attest to the accuracy and
authenticity of this document
Chandigarh