ORDER :

1. Challenge in this revision is to order dated 27.01.2024 passed by learned Sixth Additional Sessions Judge, Raigarh in Criminal Appeal No.129/2023 whereby learned trial Court has rejected the application submitted by the applicant under Section 391 of Cr.P.C.

2. Learned counsel for the applicant submits that the applicant has extended the hand-loan to non-applicant and to re-pay the loan amount, non-applicant has issued four cheques (subject matter of CRA No.129 of 2023 before the Court below) of different amount of his A/c No.10511321157 bearing cheque no.257753 of Rs.50,000/-, cheque No.257755 of Rs.85,000/-, cheque no.257752 of Rs.85,000/- and another cheque No.257756 of Rs.1 lakh. He contended that the cheque bearing no.257756 issued by the non-applicant was found to be proved by learned Magistrate and other three cheques have not been found to be proved holding that applicant failed to prove that the cheque was deposited in the Bank and returned by the Bank as 'dishonoured' (no return memo was placed on record issued by the bank). He contended that the order passed by learned Magistrate was put to challenge in appeal. During pendency of appeal, application under Sectio