(1.) Respondents had faced trial in complaint filed by the applicant under Section 138 of Negotiable Instruments Act, 1881. Trial Court vide judgment dated 24.01.2013 ordered the acquittal of the respondents. Hence, the present application under Section 378 (4) of Code of Criminal Procedure, 1973 for leave to appeal against the judgment passed by the trial Court by the complainant-applicant. I have heard learned counsel for the applicant have gone through the record available on the file carefully.
(2.) In the present case, applicant had filed the complaint against the respondents on account of dishonour of cheque dated 05.01.2006 in the sum of Rs. 25,00,000/-. The case of the applicant is that when the cheque in question was presented for encashment, it was dishonoured with the remarks "account closed".
(3.) The trial Court while ordering the acquittal of the respondents has held as under:-