Inderjit Singh, J. - (1.) Applicant -M/s. Krishana Construction Company has filed this application under Sec. 378(4) Cr.P.C. seeking permission for leave to appeal against respondent S.K. Mittal and Company, challenging the impugned judgment dated 22.11.2007 passed by learned Addl. Chief Judicial Magistrate, Faridabad, whereby the accused -respondent was acquitted.
(2.) It is mainly stated in the application that accompanying appeal is likely to succeed on the grounds taken therein. It is further stated that learned trial Court has ignored the fact that the respondent -accused has not paid the payment of Rs. 50 lacs despite the fact that the cheque was issued by the respondent -accused. Learned trial Court did not appreciate that the account from which the cheque was issued was that of respondent -accused and there is no requirement of cheque to be signed by the partner. It is also stated that learned trial Court failed to appreciate that the cheque was returned to the applicant on 30.10.2003 as there is no evidence to prove that the cheque was earlier returned. The order of acquittal passed by learned trial Court is totally illegal and liable to be set aside. It is, therefore, prayed that leave to file appeal be granted.
(3.) Notice of motion was issued and learned counsel for the respondent appeared and contested the application.;