BHARAT GORAI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) Petitioner is seeking Special Leave to Appeal in terms of Section 378(4) of Code of Criminal Procedure, 1973 against the judgment of acquittal dated 08.06.2018 passed by the Learned Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No. 1365/2016 / T.R. No. 1804/2018, whereunder the sole accused / private opposite party no. 2 has been acquitted of the charges under section 138 of N.I. Act.

(3.) As per the complainant, the accused issued a cheque bearing no. 326216 dated 15.02016 drawn on State Bank of India, Digwadih Branch, Jorapokhar, Dhanbad for a sum of Rs. 4,50,000/- in lieu of friendly loan advanced to him on 14.01.2016 in the presence of a witness namely Bhagu Mahto. On presentation on 05.04.2016, it got dishonoured due to insufficient fund. Thereafter, he gave legal notice, but the accused did not repay the amount.