HARI KISHAN Vs. RANJEET

JUDGEMENT

(1.) The present leave petition has been preferred under Section 378(4) Cr PC to seek leave to appeal against the judgment dated 13.01.2015 passed by Sh. Jagmohan Singh, MM (NI Act)-03 Dwarka Courts, New Delhi in CC No.6485/2014, whereby 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 in his complainant was that he had advanced a friendly loan of Rs.23,70,000/- to the accused in the month of June-July 2008. The accused had undertaken to repay the same before January 2009. In discharge of his liability towards the complainant, the accused issued two post dated cheques, one dated 21.08.2008 for Rs.11,60,000/- and the other dated 10.01.2009 for Rs.12 lacs drawn on his bank.

(3.) The accused then requested the complainant not to present the cheque on the due dates. When the first cheque was presented for payment, it was received unpaid on account of "insufficient funds" vide memo dated 03.01.2009. Thereafter, the second cheque was presented for encashment, which too was returned on 10.01.2009 with the remark "payment stopped by drawer". Consequently, the petitioner issued the legal notice dated 23.01.2009, and the payment not having made within the statutory period, the compliant was preferred.