PARAMHANSH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner seeks special leave to appeal in terms of section 378(4) of the Code of Criminal Procedure, 1973 against the judgment of acquittal dated 20th Jan., 2018 passed by learned Judicial Magistrate, 1st Class, Dhanbad in C. P. Case No. 1789 of 2015/T.R. Case No. 1761 of 2018, where under the sole accused/opposite party no. 2 has been acquitted of the charge under Sec. 138 of Negotiable Instrument Act.

(3.) complainant alleged that the accused being the owner of depot run in the name and style of M/s. N. K. Coal at Barwadda, used to purchase coal from his Firm M/s. Jai Bajrang Enterprises at Hetlibandh, Jharia, District-Dhanbad on credit during the period 17th Nov., 2012 to 23rd Feb., 201 On several requests, he handed over three Cheques to the complainant bearing nos. 009079 dated 27th April, 2015 of Rs. 1 lakh, 009082 dated 4th May, 2015 of Rs. 2 lakhs and 009083 dated 25th May, 2015 of Rs. 4,67,261.00 drawn at Union Bank of India, DGMS Branch, Dhanbad for payment of his outstanding dues to the tune of Rs. 7,67,261.46.00. These three Cheques on being deposited on 8th June, 2015 were dishonoured for want of insufficient fund as per return memo dated 10th June, 2015 issued by the Bank. complainant sent legal notice through speed post and courier on 17th June, 2015, which was received on 18th June, 2015. However, the accused did not reply neither repaid the amount. The complaint case was instituted under the aforesaid section thereafter.