B.B.MANGALMURTI,J. - (1.) Instant application has been filed seeking leave to prefer an appeal for setting aside the judgment dated 09.02.2009 passed in Cri. Appeal No. 22 of 1996 by Sessions Judge, Seraikela Kharsawan whereby the Court has allowed the appeal and thereby acquitted the opposite party Nos. 2 and 3 and thereafter set aside the judgment and sentence dated 11.05.2006 in C/1 Case No. 01 of 2003, Trial No. 549 of 2006 passed by Sri Anuj Kumar, Judicial Magistrate, 1st Class, Saraikela.
(2.) The short fact of the case is that the petitioner is consignee agent of one Idcol Ltd. and entered into business transaction with the opposite parties who run a construction business. The petitioner had supplied cement worth Rs. 4,41,600/- to opposite party during usual commercial transaction. The opposite party did not pay the bill, however a cheque for an amount of Rs. 4,00,000/- was drawn on 22.11.2002. On being presented, the cheque was returned unpaid with endorsement of ' stop payment' from the bank on 23.11.2002. Thereafter, the petitioner raised a demand by way of notice but the opposite party even after receipt of the same did not make the payment which led to filing of the case.
(3.) The prosecution altogether examined four witnesses to prove his case. The court below after considering the evidences adduced on behalf of the prosecution held the opposite party Nos. 2 and 3 guilty under section 138 of Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for nine months and fine of Rs. 5,000/- and in default further to undergo simple imprisonment for one month each.;