LAL BIHARI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned A.P.P. and the accused/opposite party no.2.

(2.) This petition seeking special leave to appeal under section 378(4) of the Code of Criminal Procedure, 1973 is directed against the judgment of acquittal dated 23rd April 2016 passed in C.P Case No.816 of 2014 / T.R. No.1116 of 2016 by the learned court of Judicial Magistrate, 1st Class, Dhanbad whereunder the sole accused/opposite party no.2 has been acquitted of the charges under Sec. 138 N.I. Act. The petition is barred by 118 days of delay for condonation of which an interlocutory application being I.A. No. 424/2017 has been filed under Sec. 5 of the Limitation Act.

(3.) We have heard learned counsel for the parties both on the point of limitation and also on the merits of the case. The complainant/petitioner lodged the instant complaint alleging that the accused who had taken a loan of Rs. 25 lakh in the year 1992 for business purpose had returned Rs. 10 lakh in the year 1995 and kept Rs. 15 lakh in fixed deposits. He assured the complainant to pay Rs. 1 crore in the year 201 After repeated demands of loan amount, accused issued a cheque bearing no.0008012 dated 8th Jan. 2014 of Rs. 50 lakh of Bank of India, Barwadda Branch. It was presented on the same day in Allahabad Bank, Hirapur Branch, Dhanbad which was returned with a memo "Fund Insufficient". The accused again assured that when he would represent the cheque on 22nd March 2014, the same would be encashed. Again on 23rd March 2014 the cheque was dishonoured with the return memo dated 25th March 2014 stating "Opening Balance Insufficient". A legal notice was sent to the accused on 3rd April 2014 to which he did not reply. Thereafter on institution of the complaint for the offence under Sec. 38 N.I. Act and finding prima-facie case, accused was summoned to face trial. He denied the charges on his appearance and sought trial.