Crl. Misc. No. A-1051-MA of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. A-1051-MA of 2011 (O&M) Date of decision : 07.03.2012 Anil Kumar ......Appellant versus Rakesh Kumar Saini ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Satbir Gill, Advocate for the appellant. **** RITU BAHRI , J. (Oral) Challenge in this appeal is to the judgment dated 01.02.2011 passed by the learned Judicial Magistrate Ist Class, Sirsa whereby the accused-respondent has been acquitted of the charges under Section 138 of the Negotiable Instruments Act (for short 'the Act'). Vide order dated 01.02.2011, it has been observed that the petitioner has not established or proved the existence of the legal enforceable debt against the respondent/accused. Therefore the question of drawing presumption under Section 139 of the Act does not arise. The appeal filed by the appellant was also withdrawn by the Crl. Misc. No. A-1051-MA of 2011 (O&M) -2- appellant with liberty to file the same before the competent Court. Since the complainant/appellant has miserably failed to prove the transfer of any money between him and the accused, the judgment dated 01.02.2011 passed by the learned Judicial Magistrate Ist Class, Sirsa requires no interference. Accordingly, the present appeal stands disposed of. (RITU BAHRI) JUDGE March 07, 2012 G.Arora