ORDER

Heard on I.A.No.16521/2023, an application under Section 378(4) of Cr.P.C for grant of leave to appeal against the order of acquittal.

This appeal has been filed under Section 378 of the Code of Criminal Procedure, for seeking leave to appeal against the judgment of acquittal dated 26.09.2023 passed by the learned Judicial Magistrate First Class, Dewas District-Dewas in Criminal Complaint No.SCNIA/473/2017, whereby the accused has been acquitted from the offence under Sections 138 of N.I. Act, 1881.

Signature Not Verified

2. Learned counsel for the applicant submitted that learned trial Court has passed the judgment of acquittal only on the fact that the the cheque return memo filed was without any bank seal and signature of the concerned authority and on that basis dismissed the complaint, whereas on that aspect learned High Court of Delhi has opined that if the cheque return memo is not bearing any official stamp of the bank, it does not render the cheque return memo as invalid or illegal. The cheque return memo is not a document which is required to be covered under Section 4 of the Bankers Book (Evidence) Act, 1891. In this regard learned counsel for the applicant also relied