GURDIP SINGH ANAND Vs. JOSEPH DANIEL

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to impugned judgment dated 10.08.2015 passed by the learned Metropolitan Magistrate, South East District, Saket Courts, New Delhi in Complaint Case No.545/2013 whereby the respondent was acquitted for the offence under section 138 of the Negotiable Instruments Act, 1881 (in short 'NI Act')

(2.) The appellant and the respondent entered into a loan agreement dated 01.04.2011 whereby a sum of Rs. 2,00,000/-was granted as loan to the respondent who assured the appellant that the loan amount would be repaid till December, 2011.

(3.) In December, 2011 the appellant demanded the loan amount from the respondent who in order to discharge his liability issued and handed over a cheque bearing no.965528 dated 27.12.2011 for a sum of Rs. 2,00,000/- drawn on the State Bank of India, Rail Bhavan, Rafi Marg, Delhi in favour of the appellant. This cheque was dishonoured for the reason "Funds Insufficient" vide memo dated 28.12.2011. The appellant served a legal notice dated 16.01.2012 upon the respondent by speed post/courier under section 138 of the NI Act. However, no payment was made by the respondent which led the appellant to file the present complaint.