S.C. BAJAJ Vs. STATE

JUDGEMENT

(1.) The present leaves to appeal are filed against the judgement dtd. 30/8/2019 (hereafter 'impugned judgement') passed by the learned Metropolitan Magistrate ('MM'), Saket Courts, New Delhi in Complaint Cases Nos. 521120/2016 and 632692/2016, whereby Respondent No. 2 was acquitted of the offence under Ss. 138 and 142 of the Negotiable Instruments Act, 1881 ('NI Act')

(2.) For the reasons discussed below, leaves to appeal are granted. CRL.A.________/2025 (to be numbered) and CRL.A.________/2025 (to be numbered)

(3.) The two complaints under Ss. 138 and 142 of the NI Act were filed at the instance of the complainant/ appellant. It is averred that the accused/ Respondent No. 2 is known to the appellant for many years as both have their factories in the same complex in Okhla, Delhi. It is alleged that the appellant advanced a friendly loan of 5,00,000/- in cash to Respondent No. 2, in the month of April, 2015 after arranging the same from one of his friends namely Malkait Singh. Thereafter another sum of 4,00,000/- in cash was advanced to Respondent No. 2 by the appellant on another occasion, after arranging the same from the sale of a property by his father.