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Judgment
Rajesh Bindal, J.—This is an application for grant of leave to appeal to challenge the order of acquittal dated July 30, 2007 passed by the
Judicial. Magistrate, 1st Class, Karnal in complaint filed by applicant/appellant u/s 138 of the Negotiable Instruments Act.
The complaint was dismissed for the sole reason that after the cheque issued by the respondent was returned with the remarks ""insufficient
funds"", a legal notice was sent by the applicant/appellant for payment of double of the amount. The notice was not held to be valid and
consequently, the complaint was dismissed. Reliance was placed upon judgment of Hon''ble the Supreme Court in Suman Sethi Vs. Ajay K.
Churiwal and Another, wherein it was opined that in case the notice does not specify the amount in terms of the cheque, the same will not satisfy
the legal requirement. Learned Counsel for the applicant/appellant has not been able to cite any judgment taking a view contrary thereto. Once
learned Judicial Magistrate, 1st Class has dismissed the complaint relying upon a judgment of Hon''ble the Supreme Court; no case for leave to
appeal is made out.
Accordingly, the application is dismissed.