IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No.469-MA of 2009 Date of Decision: August 25, 2011 Arun Mahajan .....APPELLANT(S) VERSUS M/s Tara Chand & Brothers and another .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Sanjeev Walia, Advocate, for the applicant-appellant. Mr. Harminderjit Singh, Advocate, for the respondents. . . . AJAI LAMBA, J (Oral) 1. This petition has been filed in challenge to judgment dated 4.2.2009 rendered by the Judicial Magistrate Ist Class, Chandigarh, vide which the respondent has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 2. The case set up by the complainant through complaint is that loan was given to the respondent. Loan was Crl. Misc. No.469-MA of 2009 [2] returned by way of blank cheques which however were dishonoured. 3. Admittedly, it has not been proved on the record that the complainant advanced loan to the respondent. The burden has been rebutted by the accused by showing that cheques were blank. There was no business dealing between the complainant and the accused. The amount had not been shown as loan by the complainant in his income tax return. 4. One opinion has been taken and formulated by the Judicial Magistrate Ist Class so as to acquit the respondent. The opinion does not require any interference in view of facts and circumstances discussed in Para 25 of the impugned judgement and noted above. 5. The application/ petition is dismissed. (AJAI LAMBA) August 25, 2011 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?