(1.) The instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 19.01.2012 passed by the learned Sub Divisional Judicial Magistrate, Assandh, whereby respondent has been acquitted of the accusation under Section 138 of the Negotiable Instruments Act notice of which was served upon him.
(2.) Brief facts of the case as mentioned in the impugned judgment are as under:-
(3.) On the preliminary evidence, the accused-respondent was summoned to face trial vide order dated 15.03.2009. Thereafter, accused was served with notice of accusation for offence punishable under Section 138 of the Negotiable Instruments Act,1881, to which he pleaded not guilty and claimed trial.