ASHOK KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State.

(2.) Petitioner has prayed for grant of special leave to appeal in terms Section 378(4) of the Criminal Procedure Code 1973 against the judgment of acquittal dated 13.09.2017 passed by learned Judicial Commissioner, Ranchi in Criminal Appeal No. 101 of 2017 where under the Appellate Court has set aside the conviction and order of sentence passed in Complaint Case No. 2362 of 2013(T.R. No. 447 of 2017) dated 05.06.2017 by learned Judicial Magistrate 1st Class, Ranchi, thereby acquitting the accused / opposite party no.2 herein of the charge under Section 138 of the Negotiable Instrument Act.

(3.) The Complainant alleged dishonour of the cheque bearing no. 912765 dated 12.05.2013 of Rs.2, 00, 000/- drawn on Andhraa Bank, Ranchi Branch issued in favour of the complainant, on presentation to the drawee Bank i.e., Canara bank, Ranchi on 207.2013 due to insufficient fund. After receipt of return memo on 24.07.2013 legal notice was given on 12.08.2013 through registered post dated 14.08.2013 but despite that accused did not return the amount. Therefore, the complaint case was filed.