SAJ PROPERTIES PVT. LTD. Vs. VIRENDER DAGAR

JUDGEMENT

(1.) This petition has been preferred to seek leave to appeal under Section 378 (3) of the Code of Criminal Procedure (Cr PC) against the judgment dated 04.07.2013 passed by the learned Metropolitan Magistrate, Dwarka Courts, Delhi in CC No.3365/2012 by the petitioner under Section 138 of the Negotiable Instruments Act (the Act) titled Saj Properties Pvt. Ltd. v. Virender Dagar. By the impugned judgment, the learned MM has acquitted the respondent/accused of the alleged offence.

(2.) The case of the petitioner/complainant was that the respondent/accused had issued the cheque dated 30.10.2009 for a sum of Rs.12 lacs drawn on Bank of Baroda, Smalka Branch, Delhi in favour of the complainant towards discharge of his legally payable debt to the complainant. The petitioner claimed that in order to recover the legally recoverable dues, the complainant presented the cheque in question on the instructions of the accused with the respondents banker within the statutory period. However, the cheque was returned unpaid on the ground of stop payment instructions vide returning memo dated 23.04.2010. A legal demand notice was issued on 20.05.2010. Despite receipt of the same, the accused did not make payment. Consequently, the said complaint was preferred by the complainant.

(3.) Upon being summoned, the accused entered appearance on 18.09.2010, whereafter notice was framed upon the accused on 18.08.2011.