BANSHIDHAR CHITS Vs. CHANDRA PRAKASH AGGARWAL

JUDGEMENT

(1.) This application to seek leave to appeal has been preferred under section 378(4) Crimial P.C. to assail the judgment dated 02.02.2016 passed by the learned Metropolitan Magistrate (T), North -East, Karkardooma Courts, Delhi in CC No. 46192/2015, titled Banshidhar Chits (P) Ltd. Vs. Chandra Prakash Aggarwal. By the impugned order, the said complaint preferred by the petitioner under Sec. 138 Negotiable Instruments Act, 1881 has been dismissed by the learned Magistrate and the respondent/accuse has been acquitted of the said offence.

(2.) The leave to appeal is delayed by 26 days and, accordingly, the petitioner has filed an application to seek condonation of delay vide Crl MA No. 10130/2016. However, since I have heard learned counsel for the petitioner and I am not inclined to grant leave, no useful purpose would be served in issuing notice on the said application seeking condonation of delay.

(3.) The case of the petitioner is that it is dealing in the business of chit fund. The accuse is a member of the chit group BCPL/1 and BCPL/3 of the complainant. He is in a member of the chit group SBD/18, SBD/20, SBD/23 of a sister concern of the complainant/petitioner M/s. Shree Bhaiya Dass Chits Pvt. Ltd. The case of the complainant was that the accuse was paid monies through cash as well as cheques under the schemes. However, he failed to pay the instalments despite requests. He settled the account on 14.10.2012 in respect of all his accounts with the complainant as well as the sister concern Shree Bhaiya Dass Chits Pvt. Ltd. He had issued a post dated cheque bearing no. 000037 dated 10.12.2012 drawn of Bank of India, Chandni Chowk Branch to discharge his liability owed to the petitioner as well as Shree Bhaiya Dass Chits Pvt. Ltd. The said cheque was dishonoured upon presentation. Consequently, after issuance of the statutory notice, since the payment was not made, the complaint was preferred.