MADAN LAL MAHAJAN Vs. SHIROGA INTERNATIONAL PVT LIMITED

JUDGEMENT

(1.) Respondents had faced trial in a complaint filed by the applicant under Section 138 of the Negotiable Instruments Act, 1881 ("Act"for short) qua dishonour of cheques in the sum of Rs. 5,00,000/- and Rs. 1,00,000/- dated 11.11.2004. Trial Court vide order dated 05.11.2011 ordered the acquittal of the respondents of the charges framed against them. Hence, the present application under Section 378(4) of Code of Criminal Procedure, 1973 for grant of leave to appeal.

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

(3.) Learned trial Court while ordering the acquittal of the respondents has held that admittedly, applicant was working as an Accountant in the company-respondent No. 1. Applicant was drawing salary to the tune of Rs. 7,500/- per month during the period of his employment. Applicant had admitted in his cross-examination that he used to handle and fill the cheques signed by the accused during the course of day to day business of the accused company. Applicant, who was earning only Rs. 7,500/- per month had failed to establish by proving on record his bank account that he was having the capacity to advance Rs. 6,00,000/- as loan to the respondents. In fact, as per the case of the applicant, he had advanced in all loan to the tune of Rs. 13,04,050/- to the accused-respondent No. 1. Applicant had pleaded that the loan had been advanced by him from the account of M/s. M.P. Enterprises, which was being managed by his wife. Record of M/s. M.P. Enterprises was not proved on record in accordance with law. Further, it has been noticed by the trial Court that the statements though not proved on record in accordance with law, did not show any entry of withdrawal of the amount in question. Moreover, the Income-tax Returns of the applicant proved on record by the accused, also did not reveal that the transactions in question, had been mentioned therein.