LAWS(DLH)-2012-3-393

S K MITTAL Vs. STATE MAHAL REG

Decided On March 27, 2012
S K MITTAL Appellant
V/S
SAREE MAHAL REG. Respondents

JUDGEMENT

(1.) VIDE the instant petitioner, the petitioner has assailed the impugned judgment dated 12.10.2011 whereby, learned MM rejected the complaint filed by the petitioner and acquitted the respondent /accused.

(2.) BEING aggrieved, the petitioner preferred an appeal before Ld. District Judge, Saket and the same was withdrawn as not maintainable.

(3.) IT is further averred in the complaint that in order to discharge liability in relation to the aforesaid transaction, the accused/respondent issued cheque bearing number 125706 dated 16.02.2006 drawn on UTI Bank (now Axis Bank) to the complainant. However, the said cheque was returned on account of insufficiency of funds. Accordingly, the petitioner / complainant immediately informed the respondent / accused about the same but he did not respond and started avoiding the petitioner. Thereafter, he served legal notice dated 21.08.2006 on the respondent / accused despite which he neither paid the dishonored cheque amount nor replied to the legal notice. Thus, the complainant filed the present complaint under Section 138 of Act.