L N CHATURVEDI Vs. STATE

JUDGEMENT

(1.) The instant petition being filed under Section 397 Cr. P.C., while challenging the impugned order dated 05.10.2011 passed by learned Additional Sessions Judge, Saket Courts, New Delhi whereby the Criminal Appeal No.108/2010 preferred by petitioner was dismissed.

(2.) Further, the impugned judgment dated 29.06.02010 passed by learned Additional Chief Metropolitan Magistrate, New Delhi and order on sentence dated 26.07.2010 has also been challenged.

(3.) The facts in brief are that towards the partial discharge of liability, the petitioner issued the cheque bearing No.173787 dated 31.08.2008 drawn on Canara Bank, East Patel Nagar, New Delhi for an amount of Rs. 1,50,000/- in favour of respondent Nos.2 & 3. The said cheque, on presentation was dishonoured on 08.09.2008 by the banker of the petitioner on account of Insufficient Funds?. The petitioner kept on avoiding the payment of the cheque and ultimately, resulted into issuance of legal demand notice which was served upon the petitioner on 20.10.2008. Since, the legal notice was not complied by the petitioner, respondent Nos.2 & 3 instituted a Criminal Complaint Case No.50/1/2008 under Section 138 Negotiable Instrument Act, 1881 (hereinafter referred as the said Act) against the petitioner before learned Trial Court.