2018 (5) TMI 491

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..... xception. Application is disposed of. CRL.L.P. 264/2018 1. Aggrieved by the judgment dated 23rd January, 2018, whereby the learned Metropolitan Magistrate acquitted the respondent for the offence punishable under Section 138 Negotiable Instruments Act, 1881, the petitioner/complainant has preferred the present leave petition.   2. Petitioner Chetna Finish Fab, through its proprietor Raj K .....

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..... t September, 2010 through registered post but Sudha Collection failed to make the payment, hence the present complaint. 3. To substantiate the case, Raj Kumar examined himself as CW-1, adduced his evidence by way of an affidavit vide Ex.CW-1/A and exhibited original cheque as Ex.CW-1/3, return memo as Ex.CW-1/4, legal notice as Ex.CW-1/-5, postal receipt as Ex.CW-1/6 and complaint as Ex.CW-1/C. .....

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..... nt of account of Sudha Collection vide Ex. DW-3/A and instrument issued report vide Ex.DW-3/B. Akash Bhardwaj (DW-4), Accountant, proved the statement/certificate vide Ex.DW-4/A. 8. To prove the fact that the petitioner maintained a running account of the respondent, petitioner relied upon the copy of ledger (Mark CW-1/2) which was not an exhibited document. Moreover, the ledger did not reflect t .....

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