RADHEY SHYAM GARG Vs. NARESH KUMAR GUPTA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant is before us aggrieved by and dissatisfied with a judgment and order dated 9.5.2008 passed by a learned Single Judge of the High Court of Delhi at New Delhi in Criminal M.C. No.1522 of 2008.

(3.) Respondent filed a complaint petition in the Court of Chief Metropolitan Magistrate, Delhi on or about 7.6.2004 which was marked as Criminal Complaint Case No.882/1 of 2004 for commission of an alleged offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'). Pre-summoning evidence by the complainant was recorded by way of an affidavit. Cognizance of the offence was taken and summons was directed to be issued by an order dated 9.6.2004. Post-summoning evidence was also adduced by the complainant on 26.3.2007 by way of an affidavit.