JAWAHAR CHIT (P) LTD Vs. RITIKA CHAUDHARY

JUDGEMENT

(1.) The applicant has moved this application under Section 378(4) Cr PC for grant of leave/permission to file criminal appeal against the judgment and order dated 20.09.2014 passed by Sh. Anurag Thakur, MM, Dwarka Court in Case No.392/2012 (Old CC No.23524/11 dated 08.03.2011 under Section 138 of Negotiable Instruments Act). By the impugned order, the complaint preferred by the applicant has been rejected and the respondent/accused was acquitted.

(2.) The case of the complainant was that it is a Chit Fund company and that the accused was a member of the chit bearing No.JCH VI having total value of 2 lacs, of 25 instalments. It was alleged that the accused had only paid 9 instalments and 16 instalments were due. In discharge of her liability, the accused issued the cheque in question for Rs.2,11,761/- dated 21.09.2010, which, on presentation for payment was returned unpaid by the payee bank vide return memo dated 07.01.2011 for the reason "Funds Insufficient". Despite service of notice dated 03.02.2011, the accused failed to make payment towards the cheque in question within the statutory period and, accordingly, the complaint had been preferred. Upon being summoned, the accused entered appearance. Notice under Section 251 Cr PC was framed on 02.03.2012. The parties led their respective evidence.

(3.) The learned MM framed the following issues for his consideration: