JUDGMENT :

Pankaj Jain, J.

Prayer is for grant of leave to appeal under Section 378(4) of the Code of Criminal Procedure against judgment dated 10.08.2018 passed by JMIC, Guruharsahai, whereby the complaint preferred by the applicant under Section 138 of Negotiable Instruments Act (in short ‘the Act’) stands dismissed acquitting the respondent.

2. Complaint was preferred by the applicant against the respondent under Section 138 of the Act claiming that he and accused are known to each other. A loan amounting to Rs.3 lakh was extended by the complainant to the accused in the month of December, 2015. In order to discharge his legal liability, the accused issued cheque bearing No.199595 dated 04.01.2016 amounting to Rs.3 lakh drawn on State Bank of India in favour of the complainant. The same was presented by him. It was dishonoured with the remarks ‘payment stopped by drawer’.

3. After trial, the complaint stands dismissed by the trial Court observing as under:-

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12. Now guaging at the pleadings of the parties and going through the evidence on file, it follows that accused has been successful to defy the allegations levelled against him. Neither in complaint, nor in his affidavit