MADAN LAL Vs. RAJ TRADING COMPANY

JUDGEMENT

(1.) RESPONDENTS had faced trial in a complaint filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 qua dishonour of cheque dated 17.7.2006 in the sum of Rs. 1,80,000/ -. Trial Court vide order dated 6.5.2011 ordered the acquittal of the respondents. Hence, the present application under Section 378(4) of the Code of Criminal Procedure, 1973 praying for leave to appeal by the applicant -complainant.

(2.) I have heard the learned counsel for the applicant and have gone through the record available on the file carefully.

(3.) TRIAL Court while ordering the acquittal of the respondents has noticed that applicant in his cross -examination had admitted that his pay was Rs. 30,000/ - per month as he was working as a Teacher in a government school. It was further the case of the applicant that he was also getting lease money from the agricultural land owned by him. Applicant further stated that he had withdrawn Rs. 1,00,000/ - from his account at the time of advancement of loan whereas the remaining amount was lying at home. Applicant admitted that the body of the cheque had been written in different ink and the firm of the respondents had been closed in the year 2001 -2002.