RAMESH GOYAL Vs. STATE & ANR.

JUDGEMENT

(1.) The second respondent (Ram Prakash Yadav) was summoned by the Metropolitan Magistrate on the complaint (CC No.6621/1/12) of the petitioner herein as presented on 11.12.2012, and put on trial for offence under Section 138 Negotiable Instruments Act, 1881 by notice of accusations under section 251 of the Code of Criminal Procedure, 1973 (Cr. PC), issued and served on 12.08.2013. On conclusion of the trial, by judgment dated 16.07.2015, the respondent was acquitted. It is the said result of the complaint case which is assailed through the criminal appeal at hand, submitted with the leave of the court, under Section 378(4) Cr. PC, obtained on 01.02.2017.

(2.) The trial court record has been called for and perused. The learned counsel on both sides have been heard at length.

(3.) The background facts, as culled out from the trial court record, are that in the complaint before the Magistrate, the appellant (the complainant) alleged that the respondent (the accused) being on friendly and business terms had availed from the former a friendly loan of Rs. 6 Lakh in August 2012 and had assured its repayment within one month and, for discharge of the said liability, had issued post-dated cheque bearing no.414166 dated 04.09.2012 (Ex. CW1/1) drawn on his account in Corporation Bank, Main Rohtak Road, Mundka, Delhi-41 in favour of the complainant. The said cheque was deposited in the bank but it was returned with memo dated 22.10.2012 (Ex. CW1/2) with report "funds insufficient". The complainant issued a legal demand notice dated 05.11.2012 (Ex. CW1/3) sending it by post (postal receipt Ex. CW1/4) and also by courier (courier receipt CW1/5) on 05.11.2012 to the accused, the article sent by courier having been delivered, as per tracking report (Ex. CW/1/6), on 06.11.2012, but the accused did not make the payment thereby giving rise to the cause of action for complaint to be instituted.