- (1.) M /s Nu -Chem Oils (P) Ltd. -applicant has filed this application under Section 378(4) read with Section 482 Cr.P.C. for grant of Special Leave to Appeal from the order of acquittal passed in Complaint Case No.966 of 2008 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act') passed by Judicial Magistrate Ist Class, Karnal on 20.7.2009. It is mainly stated in the application that the Court of JMIC, Karnal acquitted all the respondents vide its judgment dated 20.7.2009.
(2.) THE applicant intends to file appeal from the judgment/order of acquittal and hence present application has been filed under Section 378(4) Cr.P.C. for granting him Special Leave to Appeal. The impugned judgment deserves to be set aside, inter alia, on the grounds given in the grounds of appeal against the order of acquittal. It is also stated in the application that while acquitting the respondents, the trial Court has acted contrary to law. The evidence on record has not been appreciated at all. The documents have not been given their correct interpretation.
(3.) NOTICE of motion was issued. Shri Anil Sharma, Advocate appeared on behalf of the respondents and contested the application. I have heard learned counsel for the applicant as well as learned counsel for the respondents. From the record, I find that M/s Nu -Chem Oils (P) Ltd. - complainant filed complaint under Section 138 of the NI Act against M/s Naresh Trading Company through its Proprietor Naresh Arora accused No.1 and Naresh Arora accused No.2. As per the facts of the case, accused No.2 is the sole proprietor of accused No.1 and has business dealing with M/s Mahakali Agro Industry Ltd., Mohra (Ambala Cantt.) and a sum of Rs. 1,06,000/ - were to be paid to firm M/s Mahakali Agro Industry Ltd. A cheque bearing No.214303 dated 8.7.2001 was drawn by the accused in favour of the complainant in lieu of the above said amount. The said cheque was presented by the complainant to its banker i.e. State Bank of Patiala, Railway Road, Karnal, but that was returned with the remarks "Insufficient Funds". Notice was given to the accused on the same day. The cheque was again presented on 6.8.2001, but it was again dishonoured with the remarks "Refer to Drawer". The cheque was again presented on 25.10.2001, but it was returned with the remarks "Account closed on 4.10.2001". Thereafter, the legal notice was issued and the complaint was filed.;