KISHOR Vs. AJAY

JUDGEMENT

(1.) HEARD Mr. Paliwal, learned counsel for the applicant.

(2.) BY this application under Section 378(4) of Cr.P.C. the applicant seeks special leave to appeal against the Judgment and order of acquittal dated 13.12.2006 passed by the Judicial Magistrate, First Class, Nagpur in Summary Criminal Case No. 560/05.

(3.) THE Magistrate upon appreciation of the evidence led by the complainant and accused held that the cheque was not issued towards the payment of legally enforceable debt and in order to arrive at his findings the learned Magistrate relied upon the following circumstances.