HARKESH CHADHA Vs. STATE

JUDGEMENT

(1.) This judgment shall decide present petition under Sec. 482 Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") for setting aside the order dtd. 2/7/2019 (hereinafter referred to as "the impugned order") passed by the Court of Additional Sessions Judge-05, West, Tis Hazari Courts, Delhi (hereinafter referred to as "the appellate court") in Criminal Appeal bearing no 103/2018 titled as Harkesh Chadha V State and another whereby an application under Sec. 391 of the Code filed by the appellant was dismissed.

(2.) The factual background necessary to mention for disposal of present petition is that the respondent no 2/complainant has filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 titled as Sanjay Dewan V Harkesh Chadha bearing CC no 969/2016 on allegations that the petitioner hired services of the respondent No. 2 to provide food catering on 14/5/2006 on occasion of birthday of the son of the petitioner and the respondent no 2 raised a bill amounting to Rs.1.00,07,500.00. The petitioner issued a cheque bearing no 781861 dtd. 28/7/2006 amounting to Rs.1.00,00,000.00 drawn on Punjab and Sind Bank, Rajouri Garden to discharge said liability and said cheque was got dishonoured due to "closure of account" on presentation for encashment and the petitioner did not pay cheque amount despite notice dtd. 7/11/2006.

(3.) The petitioner vide judgment dtd. 12/3/2018 passed by the court of MM-01 (NI Act), West, Delhi (hereinafter referred to as "the trial court") was held guilty for committing the offence punishable u/s 138 of the Negotiable Instruments Act, 1888 and was accordingly convicted. The petitioner vide order on sentence dtd. 20/3/2018 was sentenced till the rising of the court and to pay double amount of the cheque. The petitioner being aggrieved filed appeal bearing Criminal Appeal No 103/2018 titled as Harkesh Chadha V State and another which is pending adjudication before the appellate court.