GOYAL ENTERPRISES Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard the parties.

(2.) Leave granted and the matter is being decided finally at this stage itself with the consent of the parties after hearing them at length on the merit of the case.

(3.) It is submitted on behalf of the petitioner/complainant that the learned trial Court has wrongly and illegally acquitted the accused/O.P. No. 2 from the charges under Sec. 138 of the Negotiable Instrument Act. It is submitted on behalf of the petitioner that the findings of the trial Court are perverse and not based on records. Our attention has been drawn to the discussions and findings of the trial Court in paragraphs 9 and 10 of the impugned judgment. After going through the discussions and findings in the aforesaid paragraphs, in our view, the findings arrived at by the trial Court to the affect that on the relevant date when the Cheques were alleged to have been issued the accused was not the Managing Director of the Company, is perverse and the same is not based on the evidence on the records. The finding of the trial Court that the Cheques were not legally proved also does not appear to be correct.