MOHD. SABIR Vs. SH. AAMIL KHAN

JUDGEMENT

(1.) An Appeal has been filed on behalf of the Appellant/Complainant - Mohd. Sabir to challenge the Judgment dtd. 23/6/2018, whereby his Complaint under Sec. 138 Negotiable Instruments Act (hereinafter referred to as 'N.I. Act') was dismissed and the Respondent/Accused - Aamil Khan was acquitted.

(2.) The Appellant/Complainant, Mohd. Sabir filed a Complaint Case No.1440/2014 under Sec. 138 N.I. Act, wherein it was stated that the Respondent, Aamil Khan who was a close relative, issued two cheques in the sum of Rs.2,00,000.00 and Rs.50,000.00 respectively dtd. 26/8/2014 drawn on Bombay Mercantile Co-op. Bank Limited, Darya Ganj, New Delhi, which on presentation, got dishonoured vide Bank Memo dtd. 26/8/2014 with the remarks 'funds insufficient".

(3.) The Complainant served a Legal Notice dtd. 1/9/2014 despite which the Respondent failed to make the payment. Consequently, the Complaint under Sec. 138 N.I. Act in respect of the two cheques, was filed.