Sabina, J. - (1.)RESPONDENT had faced trial in a complaint filed by the applicant under Section 138 of the Negotiable Instruments Act, 1881 qua dishonour of cheque dated 06.08.2007 in the sum of Rs. 5,00,000/ -. Trial Court vide judgment dated 19.04.2011 ordered the acquittal of the respondent. Hence, the present application under Section 378(4) for leave to file an appeal by the complainant.
(2.)I have heard learned counsel for the applicant and have gone through the record available on the file carefully.
Trial Court, while ordering the acquittal of the respondent has held that respondent had reported to the bank that the cheque book in question had been lost in the year 2004. It has been further noticed by the Trial Court that the parties along with the relatives of the applicant had opened a partnership firm. The partnership deed was proved on record as Exhibit D -1. However the firm was closed down. It was also proved on record that as per the partnership deed, the bank account was to be operated by the respondent on behalf of the firm.

(3.)IN these circumstances, the learned Trial Court rightly drew the presumption that partnership firm had not been working successfully and was closed down in the year 2004. The respondent had reported to the bank on 07.07.2004 qua loss of the cheque book. In these circumstances, the learned Trial Court rightly held that there was no occasion for the respondent to have issued the cheque in favour of the applicant on 06.08.2007.