- (1.) Heard learned counsel for the parties.
(2.) Petitioner, who was a complainant in Complaint Case No. 1257 of 2013/T.R. No. 516 of 2016, is aggrieved by the acquittal of the accused/opposite party no.2 by the learned Court of Judicial Magistrate 1st Class, Ranchi in a case under Section 138 of the Negotiable Instruments Act.
(3.) The Complainant's case and the material evidences on record adduced during the trial, as discussed by the learned Trial Court are briefly stated here under in order to appreciate the submissions of the parties whether special leave to appeal deserves to be allowed in the present case:- Complainant was running a shop in the name of Sahara Steel at Murma Village doing business of cement and rod. The accused was a building contractor. As per the complainant, there was an oral contract between them for supply of materials on credit basis for which the accused had to make payment. In course of business the outstanding dues against the accused swelled to Rs. 1,38,951. The accused issued cheque bearing no. 973695 dated 05.04.2013 for a sum of Rs. 99,500/- drawn on State Bank of India, Court Compound branch, Ranchi. On being presented, it was returned with an endorsement ' stop payment' on 05.04.2013. Thereafter, a legal notice was sent on 05.04.2013 upon the accused through speed post demanding payment of the aforesaid cheque amount within 15 days from the date of receipt of the notice. The accused despite receipt of the notice did pay the said amount and raised a new defence through his reply dated 08.04.2013.;