LAKHMICHAND JAIN Vs. NITIN JAIN

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 CJM, Balaghat in Criminal Case No. 1620/2007 decided on 11.01.2010. 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 (for short "the 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 complainant/applicant filed a complaint under Section 138 of the Act against the accused alleging that in the month of May, 2006 accused had taken Rs.4 Lacs from the accused for advancement of his business and promised him to return the same. It is alleged that after repeated demands, the accused gave a cheque of Rs.4 Lacs on 25.01.07 in favour of the applicant drawn on Central Bank of India, Balaghat duly signed by him. On 6.7.07 applicant presented the cheque to his banker for encashment. On 19.07.07 the applicant was informed by his banker that owing to variation in the numerals in the cheque, no encashment could be made and as such the said cheque was returned unpaid. It is alleged that accused deliberately had instructed his banker to stop payment.

(3.) SHRI Pushpendra Kumar Dubey, learned counsel appearing for the applicant/complainant has taken me through the entire judgment and main grounds of challenge mentioned in the memo of application, and pointed out error that has allegedly committed at the time of recording of the findings of acquittal by the learned trial Court. He also submits that the prosecution evidence as adduced on behalf of complainant is cogent and germane to establish charge under Section 138 of the Act as the notice was duly served upon the accused, hence, he prays for grant of leave to appeal against the aforesaid impugned judgment of acquittal.