KANTA JINDAL Vs. RASIK GUPTA

JUDGEMENT

(1.) - The present petition has been filed under Sec. 482 of the Code of Criminal Procedure for summoning the record/judicial file pertaining to the case from the Trial Court and setting aside the order dated 12th Feb., 2016 passed by the learned Additional Sessions Judge, Delhi in Criminal Revision No.37/2015 as well as the order dated 23rd June, 2015 passed by the learned Metropolitan Magistrate in C.C. No.599/2001 pertaining to the case registered under Sec. 138 of the Negotiable Instruments Act.

(2.) The facts giving rise to the present petition are within the narrow compass. The respondent prosecuted the petitioner for an offence punishable under Sec. 138 of the Negotiable Instruments Act, on the ground that the petitioner in discharge of legal liability, issued a cheque being cheque No.086102 dated 15th Feb., 2008 for a sum of Rs.50,000.00 and the said cheque got dishonoured on its presentation and that the respondent failed to make payment of an amount equivalent to the value of cheque within the stipulated period prescribed under the law despite a legal notice dated 19th march, 2009.

(3.) After being served with the notice under Sec. 251 Crimial P.C. upon the respondent, the matter was listed for post summoning evidence of respondent/complainant.