(1.) Heard on application for grant of leave to appeal under section 378(4) of CrPC, 1973.
(2.) This petition has been preferred against judgment dated 21.02.2013 passed by Judicial Magistrate First Class, Durg, (CG) in Case No.1084/2011 wherein the said Court acquitted the respondent for the charges under section 138 of the Negotiable Instruments Act, 1881.
(3.) As per the case of the petitioner, the respondent borrowed money to the tune of Rs. 1,20,000/- from her on 28.8.2003 and to repay the same a cheque was issued on the same day. The petitioner submitted the cheque to the Bank of Maharashtra, Brach Durg for clearance but the same was dishonoured on account of closure of account of the respondent. Again another cheque was issued in favour of the petitioner which was also dishonoured on 14.11.2003 for insufficiency of fund.