BHAVNA Vs. STATE

JUDGEMENT

(1.) The present appeal under Sec. 378(4) of Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred by the appellant assailing the judgment of acquittal dtd. 24/5/2016 in CC No. 2624/11 passed by the learned MM-03 (N.I. Act) Central, Tis Hazari Courts, Delhi whereby the respondent no. 2 (hereinafter referred to as 'drawer') was acquitted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1988 ('NI Act').

(2.) Briefly stated, the facts of the present case, as alleged in the complaint, are as follows:

(3.) The learned Magistrate, after perusing the pre-summoning evidence tendered by the appellant in her affidavit at Ex. CW 1/A, and on the basis of other various documents relied on, took cognizance of the complaint. Thereafter, the learned Metropolitan Magistrate framed notice of the accusation against the drawer in which the latter admitted the issuance of cheques to the appellant but not for the discharge of any existing debt or liability towards the appellant but as security for the committee (financial pooling) of the local area and said that there was no legal liability due towards the said cheques to the appellant. He also stated that the legal demand notice for the making of the payment as required under proviso (b) to Sec. 138 of the NI Act has not been received by him.