NARENDRA KUMAR SHARMA Vs. SANDEEP SHRIVASTAVA

JUDGEMENT

(1.) The instant CRMP has been preferred for grant of special leave to appeal against the judgment dtd. 07/08/2021 passed by the learned JMFC in Criminal Case No. 1472/2017, whereby the learned trial Court has acquitted the respondent from the charges framed under Sec. 138 of the Negotiable Instrument Act.

(2.) Brief facts of the case are that the complainant and the respondent are acquainted with each other since 2004. On the request of respondent/accused the complainant had given his shop to him for the purpose of business. In the said business, the complainant was the sleeping partner. The business was being carried out in the aforesaid shop. The respondent, being in need of money for commercial purpose to run the shop, requested the Complainant to give some loan. On various occasions, total amount of Rs.2,00,000.00 has been taken as loan by the respondent from the complainant. For repayment of the said loan, the respondent handed over a cheque bearing No. 004758 dtd. 30/11/2016 of ICICI Bank to the Complainant. When the said cheque was submitted for encashment before the Central Bank of India, it got dishonored by the bank. The complainant informed the same to the respondent. The respondent referring to warm relationship between them, requested him to represent the cheque again before the Bank on 04/02/2017. When the said cheque was deposited again for encashment, it got dishonored again. Thereafter, the Complainant sent a legal notice to the respondent on 03/04/2017 demanding payment of cheque amount, to which the accused replied and accepted to take loan of Rs.3.00 lakhs from the Complainant, however, he denied the payment on vague and unsustainable grounds. Thereafter, the complaint has been filed.

(3.) The Court below after hearing the parties and appreciating the evidence on record passed the impugned order and acquitted the respondent. Hence, this CRMP.