CHHITARMAL AGRAWAL Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel for the opposite party No.2.

(2.) This petition has been filed under Sec. 378(4) of the Code of Criminal Procedure against the judgment and order dated 20.05.2010 passed in Complaint Case No.451 of 2006 whereby and where under the opposite party No.2 had been acquitted of the charge under Sec. 138 of the N. I. Act.

(3.) It is the case of the complainant that the accused, a retail dealer came to the shop of the complainant, a wholesale dealer of the food-grains and sugar, carrying on business in the name and style of of M/s Chhinnamastika Enterprises on 12.12.2005 and purchased forty bags of sugar worth INR 71,995.00 on credit and in lieu of that, a cheque drawn on 21.12.2005 was given to the complainant. The said cheque on being deposited got dishonoured and, therefore, a legal notice dated 12.05.2006 was sent to the accused person. But that legal notice could not be served as the opposite party No.2 was in jail.