- (1.) Heard learned counsel appearing for the petitioner and also learned counsel appearing for the opposite party No. 2 as well as learned counsel appearing for the State.
(2.) This application has been filed under Section 378(4) of the Code of Criminal Procedure on behalf of the petitioner seeking leave to appeal against the judgment dated 27.7.2005 passed by the Judicial Magistrate, 1st class, Jamshedpur in C/1 case No. 940 of 2003 whereby and whreunder opposite party No. 2 was acquitted of the charge under Section 138 of the Negotiable Instruments Act.
(3.) Before we proceed further the order recorded on 3.11.2014 needs to be reproduced which is hereunder: "The petitioner [complainant] had entered into an agreement with the opposite party No. 2 for selling a house for a consideration amount of Rs. 7,00,000/- [rupees seven lacs]. As against that, a cheque of Rs. 5,00,000/- and two cheques each of Rs. 1,00,000/- were given to the complainant. The complainant did deposit all the cheques, out of which one cheque of Rs. 5,00,000/- was honoured whereas both the cheques each of Rs. 1,00,000/- were dishonoured. Thereafter legal notice was given to the opposite party No. 2 calling upon her to make payment of Rs. 2,00,000/-. That was responded by the opposite party No. 2 wherein it was stated that as per agreement sale- deed was never executed by the complainant in spite of repeated requests being made by the opposite party No. 2 to the petitioner [complainant], and thereby, the amount of Rs. 2,00,000/- is never payable to the complainant. Thereupon a complaint case was lodged. The opposite party No. 2 appeared and the matter was taken for trial. Witnesses were adduced. Thereupon, the complaint case was dismissed on the ground that Rupees two lakhs claimed by the the petitioner [complainant] is never legally payable and that the complaint petition happens to be prematured as under the notice received on 21st August, 2003, time of 15 days got expired on 6th September, 2003 whereas the complaint was lodged on 3rd September, 2003. Being aggrieved with the order dismissing the complaint, the instant petition has been filed before this Court. Mr. Manish Kumar, learned counsel appearing for the the petitioner [complainant] submits that without going into the merits of the case, the petitioner [complainant] is ready to go for settlement whereby the petitioner [complainant] is ready to pay back a sum of Rs. 5,00,000/- provided the opposite party No. 2 hand-over the possession of the house or the opposite party No. 2 should pay a sum of Rs. 2,00,000/-. Upon it, Mr. Chakraverty, learned counsel appearing for the opposite party No. 2 submits that he is ready to accept the 2nd proposal of making payment of Rs. 2,00,000/- and thereby, the opposite party No. 2 pay a sum of Rs. 2,00,000/- to the complainant by way of draft within two months from today. In view of the submission made on behalf of the opposite party No. 2, let this matter be listed after two months.";