BRM LEASE & CREDIT LIMITED Vs. JOGINDER SINGH

JUDGEMENT

(1.) This is a leave to appeal filed by the petitioner against the judgment and order dated 21.04.2011 passed by Ms. Bhavna Kalia, learned M.M., Patiala House Courts, Delhi, whereby she had acquitted the respondent in a complaint case titled M/s BRM Lease & Credit Vs. Joginder Singh for an offence u/s 138 of the Negotiable Instruments Act.

(2.) Briefly stated, the facts of the case are that in October, 2003, the respondent entered into a lease-cum-hypothecation agreement with the petitioner and took an amount of Rs. 83,000/- repayable in 24 installments of Rs. 4535/- each. The amount was taken for the purpose of purchase of a vehicle Tata Sumo. The vehicle was hypothecated with the petitioner.

(3.) On 11.10.2004 the Tata Sumo is alleged to have met with an accident and the repair cost of the vehicle itself was assessed by the surveyor to be an amount of Rs. 94,590/-. The respondent/accused never got it repaired and after making payment of 11 installments, he stopped paying the installments to the petitioners.