SANJAY KUMAR AGRAWAL, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I.A. No.4717 of 2019

(2.) This interlocutory application has been filed under Section 378 (4) of the Code of Criminal Procedure, 1973 for grant of special leave for presenting this acquittal appeal against the judgment of acquittal dated 13.12.2018 passed by learned Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No.83 of 2016 being Trial No.276 of 2018.

(3.) The brief facts of this case is that the accused gave five cheques to the complainant of various banks and three out of the five cheques were deposited by the complainant for encashment but all the three cheques were dishonoured due to insufficiency of fund in the account of the accused person. The complainant sent a legal notice through his lawyer by registered post with A/D on 03.12.2015 calling upon the drawer of the cheque to pay the complainant the amount of Rs.78,700/-. The acknowledgment card of the said notice was not returned and the complainant filed the complaint before the learned trial court on 06.01.2016.