A K AHUJA Vs. SURESH KUMAR TALWAR

JUDGEMENT

(1.) THIS criminal leave petition is preferred against the judgment dated 03.03.2012 whereby, the respondents were acquitted of the offence under Section 138, N.I.Act in the complaint filed by the petitioner.

(2.) THE petitioner filed a complaint under Section 138, N.I.Act before the court of M.M. against the respondents alleging the dishonour of cheque of Rs. 4,95,000/- given towards the discharge of the liability. It was the petitioner's case that the respondents Suresh Kumar Talwar and his wife Savita Talwar had taken loan from him from time to time for their business needs in the year 1992 and 1993. It was his case that ultimately compromise was arrived at and a cheque bearing No.945459 dated 3.4.1998 of Rs. 4,95,000/- was given to him by the respondent No. 1 through his wife Savita Talwar. It was his case that the cheque on presentation was dishonoured for the reasons 'Account Closed' and that the respondents failed to pay the cheque amount despite issue of notice dated 6.6.1998. The petitioner/complainant had examined three witnesses including himself. The defence of the respondents was that they had good family relations with the petitioner and that the latter used to borrow money from them due to his financial constraints. Sometime in July, 1993, they discovered that few of their cheques were missing and that though, they suspected the same to be stolen by the complainant (petitioner), but due to family relations, they did not enquire from him.

(3.) STILL Further, it is also noted that it was also the defence of the respondents that the account of which the cheque is purported to have been issued, had already been closed prior to 6.8.1993. There was evidence on record to show that the account in question had already been closed on the said date and the remaining cheques of the cheque book were surrendered to the bank on the same date.