NAND KUMAR JHA Vs. MOHAR KUMAR JHA

JUDGEMENT

(1.) - The present petition has been filed by the petitioner under Sec. 482 of the Code of Criminal Procedure praying for setting aside the order dated 27th May, 2016 passed by the learned Metropolitan Magistrate, Saket District Court, Delhi in an application filed by the accused for sending the cheques and acknowledgement receipt for FSL examination in CC No.142/6/2014 which is a criminal complaint under Sec. 138 of the Negotiable Instruments Act.

(2.) The facts giving rise to the present petition are that on 5th Sept., 2011, the petitioner lodged a police complaint against the respondent to the effect that the petitioner had taken a loan of Rs.40,000.00 & Rs.30,000.00 from the respondent in the month of Aug., 2009 which is stated to have been paid back along with interest. It is submitted by learned counsel for the petitioner that the petitioner had tendered a few signed blank cheques along with original passport to the respondent as a security. It is submitted that after the return of loan with interest, the petitioner demanded for return of his cheques and passport but the same were not returned to him. It was further alleged that the respondent tried to extort money from the petitioner through forged documents.

(3.) It is further alleged that the respondent issued a legal demand notice under Sec. 138 of the N.I. Act dated 12th Oct., 2011 to the petitioner in which the respondent alleged dishonour of cheques amounting to Rs.1,00,000.00 and Rs.50,000.00 both dated 26th June, 2011.