VEENA Vs. STATE

JUDGEMENT

(1.) The appellant/complainant is aggrieved by the judgment dated 29.11.2016 passed in Crl.Appeal No.1216/2016 by the learned Additional Sessions Judge, Shahdara District, Karkardooma Courts, Delhi whereby the judgment and order of the Trial Court dated 08.09.2016/01.10.2016 convicting the respondent under Section 138 of the Negotiable Instruments Act and sentencing him to undergo SI for six months, to pay a compensation of Rs.3,00,000/- (Rs.3 lakhs) and in default of which to further undergo SI for six months, has been set aside and the respondent has been acquitted of all charges.

(2.) The appellant is said to have given Rs.5 lakhs to the respondent as family loan which was promised to be returned within two months. The complaint filed by the appellant inter-alia states that Rs.2 lakhs was paid to the appellant by the respondent towards the discharge of the liability against the aforesaid family loan. The cheque in question of Rs.3 lakhs, i.e. the balance amount, when presented before the bank by the appellant, was dishonoured because of insufficiency of funds. A legal notice dated 15.04.2009 was sent through registered A.D post and UPC on 17.04.2009. Since no payment was made by the respondent, the subject complaint was lodged by the appellant.

(3.) The Trial Court, on perusal of the deposition of the witnesses and the records of the case, was of the view that there was existence of an enforceable debt, in discharge of which the subject cheque was issued by the respondent which was dishonoured. The respondent was held guilty under Section 138 of the Negotiable Instruments vide judgment dated 08.09.2016 referred to above and by order dated 01.10.2016, he was sentenced to undergo SI for six months, to pay a compensation of Rs.3,00,000/- (Rs.3 lakhs) and in default of which to further undergo SI for six months.