JAI BAJRANG TRADERS Vs. VISHAL BANSAL

JUDGEMENT

(1.) Heard Mr. B.S. Dasparida, learned counsel for the petitioner.

(2.) The petitioner M/s. Jai Bajrang Traders has filed this application under section 378(4) of Cr.P.C. for grant of leave to file appeal against the impugned judgment and order dated 26.03.2016 passed by learned J.M.F.C., Rourkela in I.C.C. Case No.587 of 2012/Trial No.505 of 2016 in acquitting the opposite party Vishal Bansal of the charge under section 138 of the Negotiable Instruments Act, 1881 (hereafter 'N.I. Act') .

(3.) The petitioner was the complainant in I.C.C. Case No.587 of 2012/Trial No.505 of 2016 in which the opp. party faced trial for commission of offence under section 138 of the N.I. Act. It is the prosecution case that the opp. party being a friend of the petitioner approached him for financial help of Rs.5, 00, 000/- (rupees five lakhs) only for a day on 109.2012 and accordingly the friendly loan was given to the opp. party by the petitioner due to friendship and for refund of the said amount, the opp. party stated to have issued and delivered a self/bearer cheque bearing No. 003601 dated 14.09.2012 drawn on ICICI Bank, Rourkela for an amount of Rs. 5,00, 000/-(rupees five lakhs) to the complainant. The petitioner presented the cheque with his banker M/s. Indian Bank, Rourkela but the cheque bounced for the reason "payee name required" as intimated by the banker of the opp. party by its memo dated 17.09.2012. It is the case of the petitioner that there was insufficient fund in the account of the opp. party and the Manager of the ICICI Bank at the instance of the opp. party and in conspiracy gave the reason that the payee name is required as in a self/bearer cheque, the name of the payee is never required. The legal notice was sent by the petitioner by registered post with A.D. on 16.10.2012 which was received by the opp. party but he neither complied the demand nor gave any reply for which the complaint petition was filed.