PAWAN KUMAR RALLI Vs. MANINDER SINGH NARULA

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal arises out of the judgment and order dated 15th January, 2013 of the High Court of Delhi passed in Criminal Miscellaneous Case No. 2961 of 2012 filed by the respondent herein under Section 482 of the Criminal Procedure Code. By the said judgment, the High Court quashed the criminal proceedings initiated by the appellant under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act ') against the respondent.

(3.) THE appellant, after receiving the communication from his banker about the dishonour of Cheques, issued a handwritten notice (Annexure P4) to the respondent on 27th April, 2012 calling upon him to make the payment. Upon non -compliance by the respondent, a formal legal notice dated 24th May, 2012 (Annexpure P5) was issued under Section 138/142 of the Act requiring the respondent to pay the cheques amount along with interest and costs. In his reply to the legal notice, the respondent totally disagreed with the allegation of taking loan from the appellant. Subsequently, the appellant filed a Complaint Case against the respondent invoking Sections 138, 141 and 142 of the Act and Section 420, of the Indian Penal Code. The Metropolitan Magistrate took cognizance and summoned the respondent who pleaded not guilty and claimed to be tried.