IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.A-No.529-MA of 2009 Date of decision : 26.10.2009 Malook Singh Uppal .....Appellant Versus Ashwani Kumar ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. L.M.Gulati, Advocate for the appellant. S. D. ANAND, J. The appellant-complainant has applied for the leave of the Court to appeal against the impugned finding of acquittal vide which the complaint filed by the appellant-complainant against the respondent- accused under Section 138 of the Negotiable Instruments Act was dismissed and the latter was acquitted. It is apparent from the record that the respondent-accused was earlier in the employment of the appellant-complainant, as a Recovery Officer, and he had issued a cheque as a security of the job. The cheque was alleged to have been issued in lieu of friendly loan of Rs.1,20,000/-. The appellant-complainant had admitted at the trial that on the relevant date, a sum of Rs.40,000/- was available with him and he had borrowed the remaining amount from his friends who were not produced. The appellant-complainant did not recollect the date, month or year when he advanced that loan to the respondent-accused. The appellant-complainant did not aver in the complaint or legal notice that he had borrowed money from his friends for further giving up averred friendly loan to the respondent-accused. I find that the findings of fact recorded by the learned Trial Judge are relatable to the material obtaining on the file and there is nothing perverse in the appreciation of evidence by the learned Trial Judge. Dismissed. October 26, 2008 (S. D. ANAND) Pka JUDGE