O R D E R

The complainant in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the petitioner herein, who seeks special leave under Section 378(4) of the Criminal Procedure Code (for short 'the Cr.P.C.) to file an appeal against the order of the trial court by which the learned Magistrate, in his complaint, acquitted the accused under Section 255(1) of the Cr.P.C.

2. The case of the complainant is that the accused joined in a chit No.G2 E 1928/19 through Kallai Branch of the complainant/company, the company which is engaged in a chitty business. For discharging his liability in connection with the chitty transaction, the accused issued a cheque dated 12.2.2008 for Rs.62,700/- which when presented for encashment was dishonoured as there was no sufficient fund in the account maintained by the :-2-:

accused and thereafter, the complainant, though issued a statutory notice to the accused, the accused has not repaid the amount in spite of the receipt of the notice and thus, according to the complainant, the accused has committed the offence punishable under Section 138 of the N.I.Act and with the said allegation, by filing