1 2025:CGHC:18439 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 627 of 2023 Lokendra Bhandari S/o Shri Doman Singh Bhandari, Aged About 27 Years R/o No. 17 Kundarupara Balod, Tahsil Balod, District Balod Chhattisgarh ... Petitioner. versus Jyoti Singh Thakur S/o Gabhir Singh Thakur Aged About 45 Years Caste Halba, R/o Ward No. 19 Shankar Nagar, Behind Jio Office, Balod, Tahsil And District Balod Chhattisgarh ... Respondent. For Petitioner : Ms. Prachi Singh, Advocate. For Respondent : None. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 23.04.2025 1. This is an application seeking leave to appeal under Section 378 (4) of Cr.P.C. 2. The instant leave to appeal has been filed against judgment dated 22.02.2023 passed by the Chief Judicial Magistrate, Balod in Criminal Complaint Case No.1243/2021, whereby, the respondent (accused therein) was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short "NI Act"). 3. Learned counsel for the petitioner would submit that the trial Court has acquitted the respondent/accused only on the ground that demand notice has not been proved by the complainant. She would further submit that Digitally signed by AJAY KUMAR DWIVEDI Date: 2025.04.25 10:48:19 +0530 2 though said notice was not proved, however, the cheque was also not disputed by the accused/respondent, so there is a legal presumption under Sections 118 and 139 of the NI Act and the said presumption has not been rebutted by the respondent/accused, therefore, the trial Court has not appreciated the evidence in proper perspective and prays to grant leave to appeal. 4. Heard learned counsel for the petitioner and perused the record of the trial Court as well as documents annexed with the petition. 5. Admittedly, the complainant during trial has filed six documents i.e. Cheque (Ex.P-1), receipt of UCO Bank (Ex.P-2), memo issued by Axis Bank, memo issued by UCO Bank (Ex.P-4), postal receipt (Ex.P-5) and postal track report (Ex.P-6). However, he has not filed the demand notice which is necessary to attract the offence under Section 138 of the NI Act. The relevant provision is this regard is stipulated under Section 138 (b) according to which the offence is attracted only when the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice; in writing, to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid. 6. In view of the above and considering the facts' situation of the case, this Court is of the opinion that necessary ingredient to attract the offence in question was not established by the complainant and hence the findings arrived at by the trial Court was a possible view and the judgment 3 impugned has been passed after proper appreciation of evidence on record. Hence, present is not a fit case for grant of leave to appeal. 7. Accordingly, prayer for leave to appeal is rejected. Sd/- (Deepak Kumar Tiwari) Judge Ajay