LAXMAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) Petitioner seeks Special Leave to Appeal in terms of section 378(4) of Code of Criminal Procedure against the judgment of acquittal dated 05.02.2014 passed by the Learned Judicial Magistrate, 1st Class, Bokaro in C.P. Case No. 431/2008 / T.R. No. 342/2014, whereunder the sole accused / O.P. No. 2 herein, has been acquitted of the charges under section 420 of the Indian Penal Code and section 138 of the N.I. Act.

(3.) Complainant / petitioner herein alleged that he is the owner of M/s Mamta Enterprises who works in Bokaro Steel Plant as contractor of the Firm M/s Jagmohan Enterprises. They had friendly and family relationship. On the request of the accused, complainant gave him an amount of Rs. 3,42,000/- in the presence of the witnesses. On being demanded after one week, he gave him a cheque of Rs. 1,25,000/- in the name of M/s Mamta Enterprises and assured to return rest of the amount after sometime. Said cheque was returned on presentation due to insufficiency of funds in the bank. The accused again issued a second cheque of Rs. 2,17,000/- which was dishonoured as the account was closed. Thereafter, accused did not make payment despite repeated demands. Therefore, complainant filed the case.