ASHOK GAUR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present appeal is filed against the judgment dtd. 15/2/2020 (hereafter 'impugned judgment') passed by the learned Metropolitan Magistrate ('MM'), South, Saket Courts, New Delhi in CC No. 472501/2016 whereby Respondent No. 2 was acquitted of the offence under Sec. 138 of the Negotiable Instruments Act, 1881 ('NI Act').

(2.) Briefly stated, it is the case of the complainant/petitioner that on 24/7/2015, he advanced a friendly loan for a sum of Rs.10,00,000.00 (?5,00,000/- in cash and Rs.5,00,000.00 through RTGS) to Respondent No. 2. It is alleged that the same was duly acknowledged by Respondent No. 2 who executed a promissory note and a receipt dtd. 24/7/2015 in the presence of two witnesses and also issued a post dated cheque bearing No. 834276 dtd. 17/6/2016 for a sum of Rs.10,00,000.00 in favour of the petitioner. The said cheque on presentation got dishonoured and returned unpaid vide return memo dtd. 18/6/2016 with remarks "funds insufficient". Thereafter, the petitioner sent a legal demand notice dtd. 12/7/2016 to Respondent No. 2. Subsequently, on the failure of Respondent No. 2 to repay the cheque amount within the stipulated period despite the issuance of legal demand notice, the subject complaint was filed under Sec. 138 of the NI Act.

(3.) By the impugned judgment, the learned MM acquitted Respondent No. 2 of the offence under Sec. 138 of the NI Act. It was noted that as per the version of the petitioner, he had advanced a sum of Rs.10,00,000.00 to Respondent No. 2 on 24/7/2015 out of which Rs.5,00,000.00 was paid through RTGS and Rs.5,00,000.00 was paid in cash. It was noted that at the time of framing of notice, Respondent No. 2 only admitted to receiving a sum of Rs.5,00,000.00 from the petitioner. It was further noted that as per Respondent No. 2, he had already paid a total of Rs.10,00,000.00 to the petitioner in the following manner: