Nirmaljit Kaur, J. - (1.) - This is a criminal leave to appeal under Section 378(iii) Cr.P.C. against the judgment and order dated 24.02.2010 passed by the Additional Chief Judicial Magistrate (Communal Riots), Pali in criminal original case No.510/2003 vide which, he acquitted the accused-respondent for offence under Section 138 of Negotiable Instruments Act.
(2.) The facts in short are that a complaint under Section 138 of the Negotiable Instruments Act was filed before the Court of Additional Chief Judicial Magistrate (Communal Riots) Pali in connection with cheque amounting to Rs.4,33,066/-. The trial court acquitted the accused-respondent for offence punishable under Section 138 Neotiable Instruments Act, vide judgment and order dated 24.02.2010 on the ground that the amount towards dishonoured cheque stands recovered. Hence, the present leave to appeal has been filed by the appellant-Corporation against the respondents.
(3.) While praying for setting aside the order of the trial Court, the learned counsel for the appellant submitted that the recovery of the amount does not absolve the accused respondent of the offence committed by him.;