GUNEET BHASIN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By way of the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 [CrPC], the petitioner seeks setting aside and quashing of Complaint Case No.7398/2019 under Sec. 138 of the Negotiable Instruments Act, 1881 [NIA] filed by the respondent no.2/ complainant [respondent no.2] against the petitioner/ accused no.2 therein [petitioner] and 3 other co-accused persons before the learned Metropolitan Magistrate [learned MM] and summoning order dtd. 4/10/2019 passed therein.

(2.) The facts disclose that the respondent no.2 first invested Rs.50,00,000.00 in January 2009 and then again invested Rs.20,00,000.00 in March 2014 with the petitioner and was assured a return of double the amount on or before March 2019. Thereafter, the petitioner issued a Promissory Note dtd. 18/2/2019 in favour of the respondent no.2 and his wife Ms. Rupinder Kaur Bedi [wife] acknowledging his liability to pay Rs.2,47,53,000.00 to them on or before 30/6/2019.

(3.) The petitioner then issued as many as 9 cheques all dtd. 16/7/2019, of which, admittedly, 6 cheques were in the name of the respondent no.2 whereas rest of the 3 cheques were in the name of his wife. All the said 9 cheques to the tune of Rs.73,00,000.00 were dishonoured on presentation with the details given below:- <IMG>JUDGEMENT_139_LAWS(DLH)10_2023_1.JPG</IMG>