Ratnaker Bhengra, J. - (1.) I.A. No. 6827 of 2013 Having heard counsels on the point of limitation and being satisfied, the delay of 13 days in filing this Cr.M.P. is hereby condoned. I.A. No. 6827 of 2013 stands allowed. Cr. M.P. No. 2534 of 2013 1. In the instant application, the petitioner prayed for grant of leave to file Acquittal Appeal against the judgment of acquittal dated 15.6.2013 in Criminal Appeal No. 48 of 2013 passed by learned Sessions Judge, Chaibasa, West Singhbhum whereby and whereunder the learned Sessions Judge, Chaibasa, West Singhbum has been pleased to set aside the judgment of conviction and order of sentence dated 18.4.2013 passed by the learned trial court in C/1 Case No. -61of 2009 and acquitted the Opposite Party No.-2 from the charges u/s 138 of the Negotiable Instruments Act, 1881.
(2.) The case of the complainant or petitioner herein, in brief, is that the complainant company is engaged in the business of money lending, leasing and financing vehicles etc. under loan/hire purchase agreement and its branch offices are located all over the country. During business, the accused or opposite party herein approached the complainant company with a request to approve financial help for purchase of a vehicle on finance under the basis of finance and loan agreement. Upon negotiation, the complainant company sanctioned loan to the accused after entering into agreement no. 444359. Thereafter, the accused issued a cheque bearing no. 086489 for Rs. 1,76,150/- dated 18.6.2009 drawn on Canara Bank, Chakradharpur Branch in the name of the complainant company in discharge of his debt and existing liability towards the complainant. But, when the complainant deposited the cheque with its banker Punjab National Bank, Chaibasa Branch for collection, the same was returned unpaid on 27.6.2009 by the banker of the accused due to insufficient fund. Thereafter, the complainant sent a legal notice to the accused to make payment of the dishonoured cheque, but it was refused by him. Thereafter, the complaint case was filed before the court of CJM, Chaibasa, bearing No. 61/09. Subsequently, the case was transferred to the court of the learned Trial Court for trial and disposal in accordance with law. Accused person appeared. Thereafter, substance of accusation was explained to the accused u/s 138 of the N.I.Act to which he pleaded not guilty and claimed to be tried.
(3.) The complainant has examined only one witness namely, Arup Srivastav, who is Legal Manager of the complainant company. Apart from the oral evidence, complainant has filed and proved as Ext.-1 Cheque No. 086489 dated 18.6.2009, Ext.-2 Bank Return Memo, Ext.-3 Legal Notice and Ext.-4 receipt of registered notice.;