SRICHAND Vs. ARIFA

JUDGEMENT

(1.) On last three dates also no one appeared for the applicant.

(2.) Heard on application under Sec. 378 (4) of Code Criminal Procedure for grant leave to appeal against the order of acquittal.

(3.) According to the facts of the case complainant has filed a complaint under Sec. 138 of Negotiable Instruments Act alleging that the non-applicant No.1 had executed a cheque bearing No.022259 of State Bank of Indore, Branch-Khatiwala Tank, Indore amounting Rs.2,60,000.00. On presentation of cheque, the Bank has dishourned the same on account of "non-availability of fund " in the account of non-applicant No.1. After complying the provisions of Negotiable Instruments Act, the applicant filed complaint before the JMFC, Indore. After trial, the JMFC acquitted the non-applicant No.1 holding that the complainant could not prove that the cheque was issued by the non-applicant No.1 in relation to any legal transaction between the parties or to discharge any debt or liability. It is also found that the cheque was dishourned by State Bank of Indore, Branch-Khatiwala Tank, Indore while non-applicant No.1 was having no account with that Branch. In fact his bank account was with State Bank of Indore, Branch-Kothari Market, M.G. Road, Indore and that was a different account from the account, from where the cheque was issued. No cheque was issued from the account of non-applicant No.1 and neither any cheque was dishourned by the Branch having account of non-applicant No.1.