1. This M.Cr.C. has been filed under section 378(4) of the CrPC for grant of leave to file appeal. The applicant is aggrieved by the order dated 23.2.2011 passed by the Judicial Magistrate Class-I Dhar in criminal Case No.638/2009, dismissing the complaint of the petitioner filed under section 138 of Negotiable Instruments Act. The petition is barred by 409 days and the proper application has been moved by counsel for the petitioner vide I.A. No.3308/2012.

2. Brief facts of the prosecution case are that accused respondent No.1 Dinesh Mehta was known to the complainant Shailendra Dubey and due to personal need had borrowed for a sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand Only) from the complainant and in return had issued cheque bearing No. S.B/07-A/393134 dated 1.1.2009 to the complainant. On presentation in the bank, it was returned with remark insufficiency of funds and complainant had duly sent notice through his Counsel by Registered A.D. and Madhur courier. The accused failed to pay the said amount within the stipulated time hence the complainant, filed the complaint before the Judicial Magistrate. On trial, the trial Court dismissed the compla