YASIV @ YASIR ZAIDI Vs. MAN MOHAN ARORA

JUDGEMENT

(1.) By way of the present petition, the petitioner seeks setting aside of the impugned judgment dtd. 7/9/2024, passed by the learned Additional Sessions Judge, Saket Court, South-East District, New Delhi [hereafter ,,Sessions Court] in Criminal Revision No. 243/2024, whereby the order dtd. 8/4/2024 passed by the learned Metropolitan Magistrate, Saket Court, New Delhi [hereafter Trial Court] in CC No. 2644/2017 was upheld.

(2.) Briefly stated, the respondent had filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 [hereafter ,,NI Act] against the petitioner, alleging that the petitioner had obtained a loan of 24,00,000/- from the respondent in September, 2016, repayable within one month. Towards partial discharge of the said liability, the petitioner is stated to have issued a cheque bearing no. 001929 dtd. 13/11/2016, drawn on ICICI Bank Ltd., Mohan Cooperative Industrial Estate, Mathura Road Branch, New Delhi, for an amount of 6,00,000/-. It is the case of the respondent that, upon the petitioner seeking time on account of financial difficulties, the cheque was initially not presented; however, after waiting for about three months, the same was presented on 13/1/2017. The cheque was dishonoured for the reason ,,Insufficient Funds, as per the cheque return memo dtd. 13/1/2017 issued by HDFC Bank. Thereafter, a legal notice dtd. 10/2/2017 was issued by the respondent to the petitioner, which, as per the respondent, was duly served on 11/2/2017. Since the amount remained unpaid, the respondent instituted the complaint under Sec. 138 of the NI Act.

(3.) The learned Trial Court, vide order dtd. 19/7/2017, summoned the petitioner. The petitioner entered appearance through counsel on 11/10/2018. Thereafter, on 25/2/2019, notice under Sec. 251 of Cr.P.C. was framed and the plea of the petitioner was recorded, wherein he stated as under: