SHOBHA CHOUHAN Vs. GOPICHAND KHATRI

JUDGEMENT

(1.) The applicant has preferred the application under Sec. 378(4) of the Crimial P.C. seeking leave to present an appeal against the impugned judgement of acquittal dated 03.08.2015, passed by the court of JMFC, Jabalpur (Shri Anil Kumar Sahu) in Criminal Complaint Case No. 4174/11 Smt. Shobha Chouhan Vs. Gopichand, acquitting the respondent of the charge under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the Act').

(2.) The brief facts of the case for just and proper adjudication of the application are given below :-

(3.) Upon the evaluation of evidence on record, the learned JMFC has held that the applicant has filed the complaint complying with the mandatory requirements of Sec. 138 of the Act. However, she has failed to discharge initial burden that the respondent had issued the cheques to her against the legally enforceable debt. On the contrary, the respondent has proved on a preponderance of probability by referring to the admissions made by the applicant in her cross-examination and other evidence on record that he issued the cheques for the purpose of the security. Upon the said finding, the learned JMFC acquitted the respondent of the charge under Sec. 138 of the Act, holding that the same would not come within the purview of Sec. 138 of the Act.