Daya Chaudhary, J. :—

This is an application under Section 378(4) Cr.P.C for grant of leave to appeal to challenge the judgment of acquittal dated 09.12.2009 passed by the Chief Judicial Magistrate, Hisar in complaint filed by the applicant under Section 138 of the Negotiable Instrument Act. Briefly, the facts of the case are that respondent Krishan Kumar obtained a loan of Rs.45,000/- from the applicant-Society by executing an agreement and an undertaking from his employer to recover and deduct the amount in monthly instalments along with interest to be calculated at half yearly rests. Subsequently, the respondent did not adhere to repayment of the instalments of the Society and violated the terms and conditions of the agreement. The cheque issued by the respondent was presented for encashment and same got dishonoured. A complaint was filed by the complainant-Society and vide judgment dated 09.12.2009 passed by the Chief Judicial Magistrate, Hisar, the same was dismissed and the respondent was acquitted of the charge. The present Crl. Misc. No.336-MA of 2010 2 application under Section 378(4) Cr.P.C has been filed for grant of leave to file appeal on the ground that the respondent

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