BHAWISH CHAND SHARMA Vs. BAWA SINGH

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 31.07.2014 whereby the learned Metropolitan Magistrate, Karkardooma Courts, New Delhi in complaint No. 266/13 has acquitted the respondent/accused of the offence under Section 138 of the Negotiable Instruments Act, 1881 (NI Act).

(2.) The case of the appellant/complainant, as narrated in the complaint is that the respondent/accused purchased a property from him i.e. property bearing No. B-66, East Nathu Colony, Delhi-110094, and in the discharge of his liability, he made part payment in cash and also issued a cheque bearing No. 509034 dated 12.02.2006 amounting to Rs. 5,00,000/- drawn on Kangra Co-Operative Bank Ltd., A Block, JagatPuri, Delhi 110051, being the balance payment relating to the aforesaid purchase of property. The said cheque was presented for encashment twice, and on both occasions, same was dishonoured with remarks "insufficient funds". The appellant served a legal demand notice dated 26.08.2006 to the respondent by courier as well as UPC, but even after receipt of the legal notice, the respondent did not make the payment. So, the present complaint was filed by the appellant under Section 138 of the Negotiable Instrument Act.

(3.) The accused was summoned. Notice under Section 251 Cr PC was framed on 31.03.2009. The respondent pleaded "not guilty" and claimed trial.