VIVEKANAND PATHAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present application has been preferred under 378 of the Code of Criminal Procedure for getting Special Leave to Appeal against the judgment and order dated 12 th December, 2011 passed by the learned Judicial Magistrate, 1 st Class,Ranchi in Complaint Case No.978/2004 (Tr. No.1851/2011) whereby the complaint case filed by the petitioners has been dismissed.

(2.) The complaint case was filed by the complainantspetitioners before the Chief Judicial Magistrate, Ranchi for allegedly committing an offence under Section 138 of the Negotiable Instrument Act against the Opposite Party Nos.2 to 4. There were several cheques which were given by the said opposite parties to the petitioners and they were dishonoured for want of sufficient fund in their bank accounts.

(3.) Counsel for the petitioners has submitted that though there is provision for statutory appeal under the newly inserted proviso to Section 372 of the Code of Criminal Procedure, as the petitioners are the complainants, they have preferred this appeal for grant of Special Leave to Appeal under Section 378(4) of the Code of Criminal Procedure as a complainant. Counsel for the petitioners has pointed out several aspects of the matter based upon the evidence recorded by the trial Court and has submitted that Special Leave to Appeal may kindly be granted because there are several errors on the facts and law committed by the trial Court.