Chittorgarh Kendriya Sahkari Bank Ltd. Main Branch, Chittorgarh v. Kishan Lal
2018-10-24
VIJAY BISHNOI
body2018
DigiLaw.ai
JUDGMENT Vijay Bishnoi, J. - This leave to appeal has been preferred by the appellant seeking leave to file criminal appeal against the judgment dated 9.6.2017 passed by the Additional Sessions Judge No.3, Chittorgarh (for short 'the appellate court') in Criminal Appeal No.21/2016 whereby it has set aside the judgment dated 11.3.2016 passed by the Special Judicial Magistrate (N.I. Act Cases), Chittorgarh (for short 'the trial court') in Regular Criminal Case No.561/2015 and acquitted the accused-respondent from the offence punishable under section 138 of the Negotiable Instruments Act. 2. The appellate court while acquitting the accused-respondent from the offence punishable under section 138 of the Negotiable Instruments Act vide judgment dated 11.3.2016, has observed that the appellant has failed to produce any evidence to prove that it gave any specific amount as a loan to the respondent. The PW-1 Abhay Chopra in his statement before the trial court has admitted that he is not aware about the amount which was given to the respondent as loan. He has also not specified the terms and conditions of the agreement. He has also admitted that there is variation in the handwriting, scribed on the cheque in question. 3. Having heard learned counsel for the appellant and having gone through the impugned order, I do not find any case to grant leave to appeal to this Court. 4. The leave to appeal is, therefore, rejected.