judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a Division Bench of the Jharkhand High Court refusing to grant leave to appeal.

3.Stand of the appellant is that the order of the Division Bench summarily dismissing the application cannot be sustained. Learned counsel for respondent No.2, on the other hand, supported the order stating that though the order is non-reasoned, yet this is not a fit case for exercise of power under Article 136 of the Constitution of India, 1950 (for short ‘The Constitution’).

4.The application before the High Court for grant of leave was filed under Section 378(4) of the Code of Criminal Procedure, 1973 (for short ‘The Cr. P.C.’).

5.In the instant case proceeding was initiated on the basis of a complaint filed before the learned Judicial Magistrate, Ist Class, Jamshedpur alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘The Act’). The accused who is respondent No.2 in the petition was found guilty, and was accordingly, convicted and sentenced to undergo simple imprisonment for six months. He was also directed to pay by way of compensation the c