K L MADAN Vs. SATYAM FINLEASE PVT LTD

JUDGEMENT

(1.) Vide instant petition, the petitioner has sought to set aside his conviction and he may be acquitted by dismissing the complaint filed by respondent No. 1. Though, in the revision petition, the facts of the case need not be discussed; however, in the present case it is imperative because of the fact that the grounds taken by the petitioner are not sufficient, as required in revision petition.

(2.) The petitioner has approached respondent No. 1/complainant company and borrowed a sum of Rs. 01.00Lac on 21.04.2006. The acknowledgment letter which has been duly signed and attested by two witnesses is Ex.CW1/4 and receipt of Rs. 01.00Lac is Ex.CW1/5. In consideration to absolve the liability arising out of the said loan amount, petitioner issued the cheque bearing NO. 143904 dated 20.11.2006 drawn on Punjab National Bank, Punjabi Bagh, New Delhi for the loan amount mentioned above. Same was returned unpaid with remarks 'insufficient funds' vide returning memo dated 21.11.2006 i.e. Ex.CW1/9. Thereafter, respondent No. 1 did all the rituals required under law.

(3.) Testimony of CW1 tendered by way of evidence and reiterated the contents of complaint and relied upon the documents filed at the stage of pre-summoning evidence. In his cross-examination, he stated that there was no written request on behalf of petitioner/accused, when he desired to avail the loan. He further stated that the petitioner had signed all the necessary documents at the time of taking aforementioned loan. He admitted that petitioner had issued one post dated cheque in his own handwriting to repay the loan.