TARUN Vs. MOHD SAJID

JUDGEMENT

(1.) Leave to Appeal under Sec. 378(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC") has been filed on behalf of the Petitioner/Tarun to challenge the Order dtd. 25/9/2019, of the learned Metropolitan Magistrate, Delhi, vide which the Complaint under Sec. 138 read with Sec. 142 of the Negotiable Instrument Act, 1881 (hereinafter referred to as 'N.I. Act") filed by the Petitioner/Complainant, against the Respondent/Mohd. Sajid, has been dismissed.

(2.) Briefly stated, Complainant/Tarun (Petitioner herein) had filed a Complaint Case bearing CC No. 723/2015 under Sec. 138 read with Sec. 142 of the N.I. Act, on account of dishonour of cheque bearing No. 696838 dtd. 8/4/2014 for Rs.4,10,000.00, drawn on Indian Bank, Krishna Nagar, Delhi, issued by the Respondent in discharge of a friendly loan of Rs.4,10,000.00taken by him in the month of January, 2014 from the Petitioner. The Cheque got dishonoured on account of 'Funds Insufficient' vide return memo dtd. 12/4/2014. Thereafter the Petitioner, on the assurance of Respondent, presented the cheque for the second time on 28/4/2014, but was again dishonoured for 'Insufficient Fund' vide return memo dtd. 30/4/2014. Thereafter, the Respondent misbehaved with the Complainant and refused to pay the cheque amount.

(3.) A legal Notice dtd. 10/5/2014, through Registered A.D. and Speed Post, was served upon the Respondent but he failed to give any Reply. Consequently, the Complaint under Sec. 138 of the N.I. Act and Sec. 420 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC"), was filed against the Respondent.