ALOK Vs. PRAVEEN KUMAR

JUDGEMENT

(1.) Initially on 13-04-2006, appeal under Section 378 of Code of Criminal Procedure, 1973 (in short 'the Code') has been preferred by the appellant making challenge to the judgment of acquittal dated 28-02-2006 passed by learned Judicial Magistrate First Class, Guna in Criminal Case No.201/02 by which the respondent -Praveen Kumar was acquitted of the offence punishable under Section 138 of Negotiable Instruments Act. Thereafter, when the objection was raised to the effect that without seeking leave to appeal, directly no appeal under Section 378 of the Code can be entertained and it is not maintainable. Faced with this objection, the application under Section 378(4) of the Code seeking leave to appeal has been preferred by the appellant.

(2.) Under wrong notion this appeal has been registered by the Office while firstly the matter is required to be heard on the application regarding leave to appeal, therefore, present matter is being heard on I.A.No.6695/2006, an application seeking leave to appeal.

(3.) Shri Sharma, learned counsel for the appellant firstly took this Court to paragraph 9 of impugned judgment in which learned trial Court has held that the cheque in question was signed and issued by the respondent/accused -Praveen Kumar to discharge his legal debt and liability in favour of present appellant. It is further submitted that merely on the ground that no account in the name of respondent was found in the Bank (State Bank of Indore, Branch Guna) in regard to the cheque issued by the respondent, therefore, only on this ground it could not be held that the offence under Section 138 of Negotiable Instruments Act was not committed by the respondent. Acquittal was bad in law and liable to set aside.