BAJRANG TRACTOR PROP Vs. NIRANJAN PRASAD NAVRANG

JUDGEMENT

(1.) The instant CRMP under Sec. 378 (3) of the Code of Criminal Procedure has been preferred for grant of leave against the judgment of acquittal dtd. 24/04/2018 passed in Complaint Case No. 1120/2017 by the JMFC, Mungeli whereby the respondent/accused was acquitted from the charges framed under sec. 138 of the Negotiable Instrument Act.

(2.) Counsel for the petitioner submits that the signature of the cheque was admitted by the accused/respondent, so, the trial court has committed an error in appreciating the evidence and wrongly acquitted the accused. It is prayed that the application may be allowed.

(3.) In para 9 of the impugned judgment the learned Magistrate has observed that complainant Ashok Kumar Chandrakar has admitted in his cross examination that he has received Rs.1,30,000.00 as a down payment from the accused. Complainant has also filed invoice (Ex.P-6) in support of his case but there was no mention of the said amount.