OM DUTT SHARMA Vs. RAM KUMAR JHA

JUDGEMENT

(1.) Criminal Appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed on behalf of the Appellant/ Complainant, Om Dutt Sharma seeking Leave to Appeal against the Judgment dtd. 10/12/2018 vide which the learned M.M., North District, Rohini Courts, Delhi, has acquitted the Respondent/Accused, Ram Kumar Jha under Sec. 138 of NI Act, 1881.

(2.) Briefly stated, CC No. 271/2016 titled Om Dutt Sharma vs. Ram Kumar Jha, under Sec. 138 NI Act, PS: Samaypur Badli was filed by the Appellant Om Dutt Sharma as SPA holder of Smt. Savitri Devi (owner of the property No.B-125-A, Gali No. 12, Swaroop Nagar, Delhi ' 110042) against the Respondent Ram Kumar Jha, alleging him to be the tenant in the said property.

(3.) The Appellant claimed that the Respondent/tenant was in arrears of rent for 26 months. On 21/2/2016, the matter was compromised between them and the Respondent had given a cheque of Rs.1,30,000.00 dtd. 22/2/2016 drawn on Vijaya Bank, Samaypur Badli Branch, in discharge of his legal liability. However, on presentation, the said cheque was dishonoured vide Memo dtd. 23/2/2016 on the ground of 'Account Closed'. Legal Notice dated 29.02.20216 was sent to the Respondent, to which he gave a Reply but avoided the payment of the cheque amount, resulting in filing of the Complaint under Sec. 138 NI Act.