Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioner. Accused/opposite party no. 2 has not entered appearance despite valid service of notice and sufficient time granted thereafter also.
(2.) Petitioner has sought special leave to appeal against the judgment of acquittal dated 1st April, 2017 passed in C. P. Case No. 3150 of 2013/Tr. No. 1711 of 2017 by learned Chief Judicial Magistrate, Dhanbad, whereby the sole accused/opposite party no. 2 has been acquitted of the charges under sections 138 of Negotiable Instruments Act.
(3.) As per the case of the complainant, who claims to be the Proprietor of Tirupati CeramicsMonolothic Industries situated at Rajpura, P. S. - Nirsa, District-Dhanbad, the accused used to purchase castable and mattress from the complainant and paid the cost of the same through various Cheques. He supplied these items worth Rs. 13,39,240/- by various Invoices, which were paid through five Cheques in favour of Firm bearing Cheque nos. 000801 and 00082 dated 20.07.2013, 000803 and 000804 dated 20.08.2013 for a sum of Rs. 50,000/- each and the Cheque no. 124458 dated 11.10.2013 for a sum of Rs. 7 lacs, total amount of Rs. 9 lacks. Complainant deposited the Cheque bearing nos. 000803 and 000804 dated 20.08.2013 in his account at United Bank of India on 15.10.2013 and was returned vide Memo dated 01.11.2013 with the information, due to "Stop Payment". Complainant received the returned memo on the same date. Further Cheque No. 000801 and 000802 dated 20.07.2013 also bounced on its presentation on the same ground and were returned vide memo dated 24.10.2013. Cheque no. 124458 for a sum of Rs. 7 lacs also bounced on account of "Insufficient Fund" which was communicated through Memo dated 01.11.2013. Complainant issued a legal notice on 09.11.2013 demanding the payment of Rs. 9 lacs within 15 days from the date of receipt of the said notice. Accused received the notice on 12.11.2013 but did not clear the cheque amount. Complaint was filed thereafter. ;