ARSHAD HUSSAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Instant interlocutory application has been filed on behalf of the appellant/complainant for seeking leave of the Court u/s 378(4) Cr.P.C. It is submitted by the learned counsel for the appellant/complainant that vide impugned order dtd. 11/12/2017 the accused of the case has been acquitted by the court below on the ground that neither the appellant/complainant adduced any evidence on record and nor he successfully brought home the charges against the accused person beyond all reasonable doubts. Hence it is submitted that leave be granted for presenting the appeal as otherwise the appellant will suffer from irreparable injuries.

(3.) Perusal of the record reveals that the complaint has been lodged alleging commission of the offence punishable u/s 138 of the NI Act as allegedly the cheque issued by the accused person was dishonoured due to insufficient funds in his account and as he did not pay the amount after notice. From the impugned order it also appears that substance of accusation was explained to the accused person for the said offence on 22/7/2016, to which she pleaded not guilty and claimed to be tried. The complainant was given time from 8/9/2016 till 25/7/2017 for adducing evidence but the complainant did not adduce any evidence nor filed evidence on affidavit. As no evidence was adduced on behalf of the appellant in spite sufficient opportunities given to him and the complainant did neither appear before the trial court, nor filed evidence on affidavit and stopped taking steps, hence it appeared to the learned court below that the complainant seems to have lost interest in contesting the case and hence, the accused was acquitted.