LAWAT ENTREPRENEURS Vs. MAHENDER KUMAR SONI

JUDGEMENT

(1.) CRIMINAL Misc. No. 10040 of 2014 For the reasons mentioned in the application, the same is allowed. Delay of 485 days in filing the appeal stands condoned. Criminal Misc. No. A -474 -MA of 2014 1. This application has been filed under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for seeking special leave to file an appeal against the judgment of acquittal dated 29.8.2012 passed by the learned Judicial Magistrate Ist Class, Hisar whereby the accused/respondent has been acquitted.

(2.) THE applicant has filed the complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act") and Section 420 of the Indian Penal Code (hereinafter referred to as "IPC") against respondent -Mahender Kumar Soni. On recording the preliminary evidence, the respondent was summoned to face the trial for the offence punishable under Section 138 of the Act.

(3.) THE respondent has been acquitted by the learned trial Court on the ground that the applicant has failed to establish that the disputed cheque was issued in discharge of the legally enforceable debt or other liability on the ground that the complainant/applicant firm was not having a money lending licence, though it was carrying on the business of money lending.