Mr. Hari Pal Verma, J.: (Oral) - This is an application filed under Section 378(4) CrPC seeking permission to grant special leave to appeal against the order dated 15.1.2014 passed by Judicial Magistrate Ist Class, Hisar, whereby the accused-respondents have been acquitted of the charges under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the Act”).

2. The complainant-firm through its authorized person had filed the present complaint under Section 138/147 of the Act for initiating criminal action against the respondents-accused on the premises that respondent no.1-firm is having its business terms with the complainant whereas respondent no.2 is a proprietor of respondent no.1-firm. Respondent no.1 had purchased seeds from the complainant on credit basis and in discharge of its liability, respondent no.2, being the proprietor of respondent no.1-firm, issued a cheque bearing No.339341 dated 30.4.2009 for a sum of Rs.1,14,830/- drawn on Jind Central Cooperative Bank Limited, Branch Office Kharkhoda, Jind in favour of the applicant-complainant. However, the said cheque was dishonoured with the remarks “balance funds” vide bank return memo. dat