MADHAV PRASAD JETHALIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Criminal Leave to Appeal has been preferred against the judgment dtd. 30/8/2022 passed by the learned Special Judicial Magistrate, N.I.Act Cases No.4, Bhilwara in Criminal Regular Case No.2450/2018 whereby, the learned Judge has acquitted the accused-respondent and dismissed the complaint filed by the petitioner.

(2.) Bereft of elaborated details, succinctly stated the facts of the case are that a criminal prosecution for offence under Sec. 138 of the Negotiable Instruments Act came to be launched at the behest of the petitioner against the accused respondent averring therein that a cheque No.006030 dtd. 20/9/2017 amounting to Rs.10.00 lacs was given by the accused-respondent to the petitionercomplainant against discharging legal liability which upon presentation in the Bank got dishonored due to insufficient funds in his account and, therefore, a legal notice was sent to the accused-respondent to deposit the amount in question. Despite notice, accused failed to deposit the same within the stipulated period, thus, the petitioner was constrained to submit a criminal complaint before the trial Court. After taking cognizance of the offence, the accused was summoned and upon his presence, the substance of accusation was stated to him. After recording the evidence of the parties and upon examination of the accused under Sec. 313 of the Cr.P.C., due opportunity of hearing was given to the parties and thereafter, vide impugned judgment dtd. 30/8/2022, the learned trial Court acquitted the accused respondent from the charge under Sec. 138 of the N.I. Act. Hence, the instant criminal leave to appeal.

(3.) Shri Ajay Vyas, learned counsel appearing for the leavepetitioner submitted that the judgment of acquittal suffers from gross illegality. The learned trial Judge has failed to appreciate the legal and factual aspects of the matter and thus, reached at an erroneous conclusion, therefore, the entire material is required to be re-appreciated by this Court and the petitioner may be permitted to prefer an appeal against the judgment of acquittal and leave application may be treated and registered as memo of appeal and the accused-respondent be convicted for the aforesaid charge and be punished adequately.