RAJKUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Perused the material available on record.

(2.) The instant application under Section 378 (4) Cr.P.C. has been preferred by the applicant-complainant Rajkumar for assailing the judgment dated 28.11.2014 passed by learned Special Judicial Magistrate (N.I. Act Cases) No.1, Sriganganagar in Criminal Case No.1882/2009 whereby the respondent Rajendra Saharan was acquitted from the charge under Section 138 of the N.I. Act.

(3.) On a perusal of the impugned judgment, it is clear that the applicant-complainant did not appear for cross-examination during trial. In this background, there is no escape from the conclusion that no substantive evidence was led by the complainant to prove the substance of accusation and hence, the impugned judgment of acquittal dated 28.11.2014 passed by learned Special Judicial Magistrate (N.I. Act Cases) No.1, Sriganganagar cannot be termed to be suffering from any illegality or infirmity warranting interference therein. Thus, the instant application for grant of leave to appeal is devoid of merit and is dismissed as such.