SANTOSH KUMAR TIWARI Vs. PREM NARAYAN

JUDGEMENT

(1.) BY means of filing the present application for leave to appeal under Section 378 (iv) of the Code of Criminal Procedure, 1973, the applicant/complainant has assailed the order of acquittal passed by the learned JMFC, Bhopal in RCT No. 4220/2009 decided on 24.05.2013. By the judgment under challenge, learned trial judge acquitted the respondent, hereinafter referred as the accused from the charge of offence punishable under Section 138 of Negotiable Instrument Act.

(2.) TO appreciate the say of the applicant/complainant, I would like to say that basic case that was placed before the trial Court in nutshell is that a written complaint was filed by the applicant against M/s Nirmal Enterprises and his three partners Raj Kishor Rathore, Kripal Shah, both are abscond and the present respondent Prem Narayan. One cheque amounting Rs.1,95,000/ - was issued in favor of the complainant for payment legally recoverable amount for previous business transaction. When cheque was presented by the complainant for collection of payment the same was dishonored by Bank on the basis that ''Exceeds arrangements ''. The complainant given notice as per provision of the N.I. Act, but amount was not paid, hence the complaint were filed.

(3.) LEARNED trial Court has dismissed the complaint on the ground that the cheque was not issued by the respondent as the same was not of his bank account or joint account with other co -accused persons. It is also found proved that the legal demand notice was not sent to the respondent hence the respondent was acquitted from above mentioned charge. Aggrieved thereby, this application has been filed by victim for leave to appeal.