SHYAMA MISHRA Vs. MOHAN SINGH

JUDGEMENT

(1.) THE present application is pending since the year 2012 and looking to the conduct of the learned counsel for the applicant, it would be proper to consider the present application for grant of leave to appeal in absence of the learned counsel for the applicant.

(2.) THE applicant has preferred the present application for grant of leave to appeal against the judgment dated 12.8.2011 passed by the learned JMFC, Bhopal in R.T.No.3679/2010, whereby the respondent was acquitted from the charges of offence punishable under section 138 of Negotiable Instruments Act.

(3.) THE facts of the case, in short, are that, an agreement took place between the parties for sell of a property and thereafter, that agreement was cancelled. The respondent gave a cheque of Rs.2,50,000/ - to the applicant to return the sell amount. However, the cheque was dishonoured and therefore, an application under section 138 of Negotiable Instruments Act was filed.