SHIV PUJAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) Petitioner seeks leave to appeal against the judgment of acquittal dated 03.02018, passed by the learned Judicial Magistrate, 1st Class, Dhanbad, in C.P. Case No. 763 of 2012/T.R. Case No. 178 of 2018, where under, the sole accused/opposite party no. 2 has been acquitted from the charge under section 138 of the Negotiable Instruments Act.

(3.) The complainant's case, in brief, is that the accused had issued a cheque, bearing no. 0155524, dated 15.12.2011, drawn in the name of Axis Bank, for Rs. 6.50 Lakh, in favour of the complainant, which on being deposited got dishonoured on 18.2.2012 on account of 'insufficient fund'. Thereafter, the legal notice was sent through his lawyer on 19.2012, which was duly received by the accused and he replied also. He denied his liabilities to pay the amount.