PANKAJ PATERIYA Vs. RAGHUVEER SAHAY KHARE

JUDGEMENT

(1.) This Miscellaneous criminal case has been instituted on an application under Section 378 (4) of the Code of Criminal Procedure for special leave to appeal against order of acquittal dated 12.09.2014 passed by the Court of Judicial Magistrate First Class, Chhatarpur, in Criminal Case No.1277/2011, whereby the respondent/accused was acquitted of the charge under Section 138 of the Code of Criminal Procedure.

(2.) A perusal of the record reveals that by impugned order, a private complaint filed in respect of offence punishable under Section 138 of the Negotiable Instrument Act, 1881, filed on behalf of the applicant/complainant Pankaj Pateriya was dismissed by learned Magistrate mainly on the ground that the dishonoured cheque in the sum of Rs.3,00,000/- was issued by the accused/respondent on behalf of M/s Gajanand construction, whereas according to private complaint, the accused was under liability to return Rs.3,00,000/- invested by the complainant in firm M/s Mahamaya construction.

(3.) It has been submitted on behalf of the applicant/complainant that both the firms M/s Mahamaya construction and M/s Gajanand construction are owned by the accused and the cheque was issued by the accused in discharge of a legal liability after the partnership firm was dissolved. It is immaterial whether the accused had drawn cheque upon the account of M/s Mahamaya construction or M/s Gajanand construction.