ANIL DHYANI Vs. RAJESH JAJLI

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 14.12.2012 vide which the Complaint Case No.1534/1/10 under Section 138 of Negotiable Instrument Act (NI Act) was dismissed by Ld. Metropolitan Magistrate.

(2.) Notice of appeal was served upon the respondent Rajesh Jajli but despite service he has failed to appear. Arguments heard on behalf of appellant/ complainant.

(3.) It is the case of the appellant /complainant that the complainant agreed to purchase a plot of land in Kalaghati from Respondent and paid a sum of Rs.2 lac as advance. However, later on it was revealed that the respondent was not the owner of the plot and had no right to sell the same. The respondent in discharge of legal liability issued a cheque of Rs.2 lac dated 14.09.2008 drawn on Oriental Bank of Commerce which on presentation was dishonoured with the remarks "insufficient funds". A legal notice dated 27.09.2008 was served upon him, but he failed to make payment as such complaint was filed.