SANJAY ARORA Vs. MONIKA SINGH

JUDGEMENT

(1.) The appellant had instituted criminal complaint, registered as CC No. 832/2015 (New number 3008/2016), on 7.1.2010 seeking prosecution of the respondent herein for offence under Section 138 of Negotiable Instruments Act, 1881. The Additional Chief Metropolitan Magistrate (ACMM) to whom the case was allocated, after preliminary inquiry, issued process and having secured the presence of the respondent put her on trial, adopting summons trial procedure, by serving upon her a notice of accusations in terms of Section 251 of the Code of Criminal Procedure, 1973 (Cr.P.C) on 25.11.2011. Since the respondent entered plea of not guilty explaining her defence, followed by an application under Section 145 (2) of the Negotiable Instruments Act, she was granted opportunity to cross-examine the complainant (CW-1) who appeared as the solitary witness in support of his case. Having recorded, thereafter, the statement of the respondent under Section 313 Cr.P.C. on 4.2.2016, she not adducing any evidence in defence, the ACMM heard the parties and, by judgment dated 30.3.2016, pronounced acquittal holding that the statutory presumption (under Section 139 of Negotiable Instruments Act) stood rebutted, the facts pleaded by the appellant (complainant) about the liability being highly improbable.

(2.) By the criminal appeal at hand, instituted with leave of this Court, as granted by order dated 23.1.2017, in terms of Section 378 (2) Cr.P.C., the complainant seeks to assail the afore-said result of the criminal case.

(3.) The respondent has resisted the appeal by oral submissions on the basis of trial court record which has been called for and perused. Arguments of both sides, through counsel, have been heard.