AMIT JAIN Vs. SANJEEV KUMAR SINGH

JUDGEMENT

(1.) This decision allows present appeal that arose out of CRL.L.P 576/2019 seeking leave to appeal against judgement dated 01 st August 2019, passed by Metropolitan Magistrate (02), Shahdara, Karkardooma Courts, Delhi ["Trial Court"] in Complaint Case 4851/2018 titled Amit Jain v. Sanjeev Kumar Singh and Ors. ["impugned judgement"]. Therein, respondent was acquitted of offence under Sec. 138, Negotiable Instruments Act, 1888 ["NI Act"]. Leave to appeal was granted by this Court vide order dtd. 22/10/2019 and matter was renumbered as present appeal.

(2.) According to appellant, respondent no.1 was his friend and in May 2016, appellant gave a friendly loan of Rs.3,60,000.00 [Rupees Three Lacs Sixty Thousand only] without interest, to be repaid by 30/4/2017. Respondent no.1 is the Director of respondent no.2 company M/s Naina Packing Private Limited.

(3.) In May 2017, repeated requests were made by appellant for recovery of said amount. Subsequently, respondent no.1 issued a cheque bearing no. 863416 dtd. 3/7/2019 for a sum of Rs.1,80,000.00 [Rupees One Lac Eighty Thousand only] drawn on Bank, Patparganj branch, Delhi ["the cheque"] towards part payment Vijaya of the said loan, from respondent no.2 company in a personal capacity.