VINOD K.SHARMA,J. - (1.) THE petitioner-appellant has moved this application under section 378 (4) read with section 482 of the Code of Criminal Procedure seeking leave to appeal against the order of acquittal passed by the learned trial Court.
(2.) THE petitioner-appellant filed a complaint under section 138 of the Negotiable Instruments Act, 1881 (for short the Act) against the accused- respondent on the plea that a sum of Rs. 42,77,701/- was due on account of balance rice, quality cuts an differential costs of Bardana etc. for the crop for the year 1994-95. In discharge of the said liability the accused has issued different cheques in favour of the complainant. Cheques on presentation were dishonoured with the remarks "exceeds arrangements". It is the case of the petitioner appellant that after respondent-accused failed to pay the amount in spite of notice having been issued offence under section 138 of the Act was complete and the complaint was filed. The accused were summoned to face trial and the complainant examined as many as six witnesses to prove its case. The allegations were denied by the accused persons and the learned trial Court was pleased to frame the following issue for consideration: "1. Whether accused issued cheques No.102499 dated 20.4.1996, No. 102496 dated 29.4.1996, and No.10497 dated 29.4.1996 for Rs. 392500/-, Rs. 391000/- and Rs. 394000/- in favour of the complainant to discharge his liability and when same were presented in bank, same were dishonoured and hence, accused has committed an offence u/s 138 of the Negotiable Instruments Act ?
(3.) LEARNED trial Court on appreciation of evidence came to the conclusion that the cheques were not issued in discharge of debt or liability but were issued by way of security. This view by the learned trial Court has been affirmed in view of the admission made by C.W.4 Mohan Lal, District Manager and C.W.6 Harsh Kumar.;