GANGA BHANDARI Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

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

(2.) Petitioner seeks special leave to appeal against the order of acquittal dtd. 30/6/2017 passed by learned Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No. 788 of 2013 (T.R. No. 632 of 2017), whereunder the sole accused/opposite party No. 2 has been acquitted of the charges under Sec. 417 of Indian Penal Code.

(3.) Complainant alleged that accused being an unemployed person had taken a friendly loan of Rs.1,70,000.00 through his Account and Account of his wife, Punam Bhandari. He had promised to repay the loan within six months. After six months he issued a Cheque which got dishonoured. When complainant informed the accused, he assured to repay the entire amount in cash after taking the dishonoured Cheque. When the complainant went to his house on 20/3/2013, the accused took the Cheque and torn it into pieces and refused to return the friendly loan. Subsequently, the case was filed for the aforesaid offence.