- (1.) Sandeep Mehta, J The instant leave to appeal application under Section 378(4) Cr.P.C. has been preferred by the applicant-firm for assailing the judgment dated 6.3.2018 passed by the learned Metropolitan Magistrate (NI Act) No. 2, Jodhpur Metro, Jodhpur in Criminal Case No. 192/2014 (NCV No. 32201/2014) whereby the accused-respondent No. 2 Ashok Mehta was acquitted of the accusation under Section 138 of the NI Act.
(2.) I have heard and considered the arguments advanced by Shri J.K. Chanda, learned Counsel representing the applicant-firm and Shri L.R. Upadhayay learned Counsel representing the respondent-accused; and have gone through the impugned judgment as well as the record.
(3.) The complaint came to be filed against the accused-respondent Ashok Mehta and one Loonkaran Mehta with the pertinent allegation that Loonkan Mehta had taken a loan of Rs. 40,000/- from the complainant firm and that Shri Ashok Mehta stood as a guarantor for repaying the said loan with interest thereupon. Shri Ashok Mehta, handed over a cheque No. 024998 for a sum of Rs. 1,29,800/- to repay the said loan amount of Loonkaran Mehta with the assurance that the cheque would be honored upon presentation. However, when the cheque was presented in the Bank, it was returned with the remark "account closed". The complainant filed the complaint after sending notice to the accused under Section 138 of the NI Act, who did not respond thereto, where after the complaint came to be filed. The accused took a plea before the Trial Court that no loan had ever been taken from the complainant-firm and that some cheques were lying with the complainant which had been given to him for commercial purposes in the year 2008 and that the same had been misused.;