NISHA GUPTA Vs. RAM KISHAN GUPTA

JUDGEMENT

(1.) The petitioner, Smt. Nisha Gupta has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter after referred to as "Cr.P.C.") passed by learned JSCC/ASCJ/GJ, New Delhi in Complaint Case No.134A/09 whereby the applications under Sections 242 and 243 Cr.P.C. filed on behalf of the petitioner were dismissed.

(2.) In nutshell, the facts of the case are that the respondent herein filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "Act") against the petitioner on the grounds, inter alia, that the respondent and the petitioner were having family friendship. The petitioner owed a sum of Rs.2 lakhs from the complainant/ respondent for business purposes. The petitioner issued cheque No. 431946 dated 08.11.2002 and cheque No.431947 dated 11.11.2002 for Rs.75,000/- each, both drawn on Canara Bank, Okhla Industrial Estate, New Delhi towards part payment of discharge of liability. On presentation, the cheques were dishonoured with the remarks "Account Closed". The respondent served notice of demand on the petitioner. Despite service of notice, the petitioner failed to make payment of the amount of cheques in question. Hence the respondent filed a complaint under Section 138 of the Act.

(3.) Notice under Section 251 Cr.P.C. was given to the petitioner. After recording the evidence of the respondent/complainant, statement of petitioner/accused under Section 313 Cr.P.C. was recorded on 25.07.2009. Thereafter the petitioner moved an application under Section 315 Cr.P.C. seeking permission to appear as a witness. The said application was allowed vide order dated 24.09.2009 by learned trial Court. The petitioner, Smt. Nisha Gupta examined herself as DW-1.