LAWS(DLH)-2015-2-156

MATA VAISHNO FINSEC (P) LTD. Vs. SHAILENDER

Decided On February 12, 2015
Mata Vaishno Finsec (P) Ltd. Appellant
V/S
Shailender Respondents

JUDGEMENT

(1.) THE present petition, preferred under Section 378 Cr PC seeks leave to appeal against the judgment dated 19.07.2014 passed by the learned MM -1 (NI Act), South -West District, New Delhi in CC No. 4612/2014, "M/s Mata Vaishno Finsec Pvt. Ltd. v. Shailender", whereby the complaint preferred by the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (the Act) for dishonour of cheque issued by the respondent/accused for Rs. 1,52,078/ - has been dismissed.

(2.) THE accused admitted his signatures on the cheque in question. However, he denied the other allegations of the petitioner. The case of the petitioner was that upon the respondents request, the petitioner had disbursed a personal loan of Rs. 1,60,000/ - to the accused in the month of March 2009 repayable in 24 monthly instalments of Rs. 8,533/ - each. The accused was not regular in making payment of the instalments. In this background, to discharge his liability, the accused issued the cheque in question bearing no. 371429 dated 28.01.2011 for Rs. 1,52,078/ - drawn on State Bank of India, Delhi University Branch, Delhi -110007. On account of dishonour of the cheque upon presentation for insufficient funds, after issuance of the statutory notice dated 22.02.2011 and waiting for the statutory period, the complaint was preferred.

(3.) THE accused examined himself as DW -1 and exhibited several documents, which are as follows: