RENU DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Addl. P.P. for the State.

(2.) This interlocutory application has been filed with a prayer for grant of special leave under Section 378 (4) of the Code of Criminal Procedure for presenting the appeal against the judgment of acquittal passed by the Judicial Magistrate 1st Class, Jamshedpur in C/1 Case No.2658 of 2014.

(3.) The learned counsel for the appellant submits that the complaint has been filed alleging commission of an offence punishable under section 138 of the N.I. Act. The accused person has been acquitted by the impugned judgment because of the fact that the complaint was presented prematurely. It is submitted by the learned counsel for the appellant that the cheque was dishonoured by return memo dated 29.05.2014. The complainant though her advocate sent legalcum-demand notice on 11.06.2014 and the accused received the notice on 14.06.2014 but in-spite of that she neither replied nor returned the amount of Rs.13,00,000/- for which the cheque was issued. In support of her case, the complainant proved the following documents:-