ARVIND KUMAR MINHAS Vs. NEERAJ KUMAR

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant - Arvind Kumar Minhas to impugn a judgment dated 29.06.2013 of learned Metropolitan Magistrate in Complaint Case No. 456/2010 by which the respondent - Neeraj Kumar was acquitted of the charge under Sec. 138 Negotiable Instruments Act. The Respondent put appearance on some dates pursuant to the notice issued. Subsequently, he opted not to appear and contest.

(2.) Briefly stated, facts of the case were that a complaint case under Sec. 138 Negotiable Instruments Act was filed by the appellant against the respondent. It was averred that in Feb., 2009 the respondent had approached him for a friendly loan of Rs. 5 lacs for short duration.

(3.) In his pre-summoning evidence, the appellant filed evidence by way of affidavit. By an order dated 101.2011 cognizance was taken and the respondent was summoned to face trial for commission of offence under Sec. 138 Negotiable Instruments Act. In response to notice under Sec. 251 Crimial P.C. the respondent denied his liability to make the payment. The appellant examined himself as CW-1. In 313/281 Crimial P.C. statement, the respondent denied his liability and examined himself as DW-1 in defence. The trial resulted in respondent's acquittal as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been preferred by the appellant.