PREDEEP KUMAR VERMA Vs. APARNA MEHRA AND ORS.

JUDGEMENT

(1.) The present leave to appeal has been preferred under Section 378(4) Cr PC in respect of the judgment dated 03.12.2013 passed by Ms. Pooja Talwar, learned Metropolitan Magistrate, NI ACT 02/South, Saket Courts, New Delhi in CC No.827/2010 in Pradeep Kumar Verma v. Aparna Mehra, by which the respondent/accused has been acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (the Act).

(2.) The case of the petitioner/complainant was that he had advanced a friendly loan of Rs.2,24,800/- in cash to the accused. The cheque in question bearing no.383933 dated 24.08.2005 drawn on HDFC Bank had been issued by the accused for the said amount of Rs.2,24,800/- in discharge of her said legal liability. The said cheque had been dishonoured upon presentation with the remarks "Insufficient Funds". After service of statutory legal notice, and lapse of time for making payment during which period no payment was made, the complaint had been preferred.

(3.) The respondent/accused had pleaded not guilty and sought trial. The petitioner examined himself as CW-1 and proved several documents as Ex. CW-1/A to CW-1/E. The statement of the accused was recorded under Section 313 Cr PC, when all the incriminating circumstances were put to her. She stated that she had given two cheques to one Sh. Rahul Gambhir as security for obtaining a car loan which was never disbursed. Sh. Rahul Gambhir, probably, gave these two cheques to the complainant. She stated that she had no concern with the complainant and that she had no liability to make payment to the complainant. She claimed that the complainant had misused the cheques that she had given to Rahul Gambhir. She claimed that the case filed against her was false.