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2019 DIGILAW 2979 (RAJ)

Narmada Joshi v. Chandra Prakash Jain Jati

2019-12-12

SANDEEP MEHTA

body2019
JUDGMENT Sandeep Mehta, J. - The instant application under Section 378(4) Cr.P.C. for grant of leave to appeal has been preferred by applicant-complainant Smt. Narmada Joshi for assailing the impugned judgment dated 15.01.2019 passed by learned Special Judicial Magistrate (N.I. Act Cases), Chittorgarh in Regular Criminal Case No.357/2018 titled as Smt. Narmada Joshi vs Chandra Prakash Jain whereby the complaint filed by the applicant-complainant was rejected and the respondent accused was acquitted of the charge under Section 138 of N.I. Act. 2. I have heard and considered the submissions advanced at bar and have gone through the impugned judgment of acquittal as well as the record. 3. It may be stated here that previously the complainant filed a complaint case (No.548/2012) under Section 138 of the N.I. Act against the accused-respondent in connection with the same cheque in question which was returned back to the applicantcomplainant for fresh presentation on the ground of it being premature vide judgment dated 17.11.2017. The complaint was presented afresh and the respondent was acquitted after trial by judgment dated 15.01.2019 which is sought to be assailed in this leave to appeal application. 4. While appreciating the evidence available on record and concluding the matter, the trial court took note of the fact that the complainant claimed that the accused was a friend of her brother Krishanchandra Joshi. In her cross-examination, she could not state the date, month and year, when she advanced the loan of Rs.2,00,000/- to the accused. The complainant was confronted with her statement recorded previously in complaint Case (No. 548/2012) wherein she admitted that she had no bank account. 5. Taking note of all these facts, the trial court concluded that the complainant could not establish the fact that there existing any fiduciary relationship between herself and the accused respondent and hence, there was not reason to believe that the accused was under obligation to satisfy any legally enforceable debt of the applicant-complainant. The oral evidence of the complainant was found to be lacking on material particulars and accordingly, the trial court proceeded to acquit the accused of the accusation. 6. The oral evidence of the complainant was found to be lacking on material particulars and accordingly, the trial court proceeded to acquit the accused of the accusation. 6. Considering the entirety of facts and circumstances, as available on record, I am of the firm opinion, the view taken by the trial court in the impugned judgment that the complainant could not prove the allegations against the accused beyond all manner of doubt is absolutely justified and thus, there is no reason to grant leave to the applicant-complainant for filing an appeal against the impugned judgment of acquittal dated 15.01.2019 passed by learned Special Judicial Magistrate (N.I. Act Cases), Chittorgarh in Regular Criminal Case No.357/2018. As a consequence, the instant leave to appeal application fails and is hereby rejected as being devoid of merit. Record be returned to the trial court forthwith.