B.B.Mangalmurti, J. - (1.) Instant application has been filed seeking leave to appeal against the judgment dated 06.05.2017 passed in C.P. Case No. 413 of 2015 / Trial Case No.748 of 2017 by Sri Vimal Johnson Kerketta, Judicial Magistrate, 1st Class, Dhanbad by which the accused is acquitted under Section 138 of the Negotiable Instrument Act.
(2.) The short fact of the case is that complainant Dinesh Agarwal @ Dinesh Kumar Agarwal and accused Ravi Kant Prasad were having cordial relationship when accused asked for Rs.1,20,000/- as friendly loan from the complainant with a promise that it would be returned within one month. Believing the assurance, complainant gave Rs. 1,20,000/- on 23.06.2014. The further case is that when the complainant after one month requested for return of the loan amount, an account payee cheque dated 24.07.2014 drawn on PNB, Nirsa, Dhanbad for Rs.1,20,000/- was handed over. When the complainant presented the cheque for its encashment, it was dishonoured for the reason 'insufficient fund' vide memo dated 11.10.2014 and the complainant was informed by his banker on 19.12.2014. Thereafter, complainant made a telephonic call and informed about the dishonouring of the cheque but he refused to refund the amount. The complainant dispatched demand notice to the accused through registered post with acknowledgement through his lawyer on 05.01.2015 and the same was served upon him. In spite of the service of notice, accused neither replied nor paid the cheque amount to the complainant within stipulated period, giving rise to lodgment of this case under Section 138 of the Negotiable Instrument Act being Complaint Case No. 413 of 2015.
(3.) After finding prima facie case against accused, substance of accusation was explained to him. The court, after recording the evidence of complainant, marked 04 exhibits in this case whereas the defence has not produced any witness nor exhibited any document.;