APARESH KUMAR SINGH,J. - (1.) Heard learned counsel for the petitioner and the State.
(2.) Learned Trial Court of Judicial Magistrate 1st Class, Jamshedpur convicted the accused, opposite party no.2 and 3 (hereinafter referred as private opposite parties) in Complaint Case being C/1-Case No. 55 of 2004/ T.R. No. 514 of 2005 by the judgment dated 13.6.2005 for the offences under Section 406 of the I.P.C and Section 138 of the Negotiable Instrument Act and sentenced them to undergo simple imprisonment for 1 year with a fine of Rs. 2 lakhs and in default thereof, to undergo simple imprisonment for 3 months. Being aggrieved, the accused convict went in appeal before the Additional Sessions Judge, FTCIII, Jamshedpur in Criminal Appeal No. 94 of 2005 . The learned Appellate Court acquitted the accused/private opposite parties herein by the impugned judgment dated 5.10.2010 against which the complainant/petitioner herein seeks leave to appeal through the instant Cr.M.P.
(3.) There has been a delay of 3 days in filing the instant petition. We have however heard learned counsel for the petitioner and State on merits of the challenge to the impugned judgment as well.;