HARPAL SINGH DHINGRA Vs. CHANDRA BAL

JUDGEMENT

(1.) THE petitioner Harpal Singh Dhingra has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (herein after referred to as 'Cr.P.C.') seeking quashing of complaint case bearing CC No. 151/2010 titled 'Chandra Bal vs. Harpal Singh Dhingra.

(2.) SHORN of unnecessary details, the facts of the present case are that the respondent herein filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter preferred to as 'the Act') against the petitioner herein on grounds, inter alia, that respondent herein had given friendly loan of Rs.3.00 lakhs (Rupees three lakhs) to the petitioner vide Cheque No. 269536 dated 1.11.2009 drawn on State Bank of India, AGCR Enclave, Delhi and the petitioner executed a promissory note and receipt dated 01.11.2009. The petitioner/accused repaid the said amount of loan by cheque No. 272947 dated 1.9.2010 for Rupees three lakhs drawn on Indian Overseas Bank. On presentation, the said cheque was dishonoured by the banker of the petitioner with the remarks 'funds insufficient'. The respondent/complainant served a notice of demand dated 23.11.2010, however, despite service of notice, the petitioner did not pay the amount of the cheque.

(3.) THE respondent herein also filed a civil suit for recovery of the amount of Rs.3.27 lakhs (Rupees three lakhs and twenty seven thousand) bearing Suit No. 115/2011 including the amount of loan of Rs.3.00 lakhs. A decree for Rs.3.27 lakhs along with cost of the suit was passed by learned Additional District & Sessions Judge, Karkardooma Courts, New Delhi on 15.11.2011. The petitioner preferred an appeal against the said decree bearing RFA No. 68/2012 and in the said appeal petitioner made payment in terms of settlement.