- (1.) Heard learned counsel for the petitioner and learned APR for the State.
(2.) Petitioner is the complainant who seeks leave to appeal against judgment of acquittal dated 9th June, 2017 passed by judicial Magistrate, 1st Class Ranchi in Complaint Case No. 2076 of 2012 whereunder the sole accused/opposite party No. 2 has been acquitted of the charges u/S. 138 of the Negotiable Instrument Act.
(3.) As per the complainant's case, the; accused purchased cement from time-to-time from the complainant on due/credit. He purchased cement amounting to Rs. 3,96,000/- and in discharge of his liability issued two cheques of Rs. 2,00,000/- each bearing Nos. 411321 and 411322 dated 22nd September, 2012 which included the transportation cost of Rs. 4000/-. On being presented before the United Bank of India, Irba Branch, Ranchi on 22.9.2012 they were returned unpaid on 26.9.2012 with remark "exceeds arrangement". A legal notice was sent on 11.10.2012 through speed post but the accused never replied thereto nor made the payments. After enquiry and S.A. of the complainant, summons were issued upon the accused, who appeared and denied accusations explained to him in Hindi and claimed to be tried.;