RAM YUDHISTHIR YADAV Vs. JAIR PRAKASH GARG

JUDGEMENT

(1.) Aggrieved by the judgment dated 12th December 2017, whereby the learned Metropolitan Magistrate acquitted the respondent for the offence punishable under Section 138 Negotiable Instruments Act, 1881 in CC no. 47053/16 titled as "Ram Yudhisthir Yadav v. Jair Prakash Garg", the petitioner/complainant has preferred the present leave petition.

(2.) Facts of the present case as per the complaint are that the petitioner gave a friendly loan of Rs. 1,50,000/- for 2-3 months to the respondent. In order to discharge the liability, respondent issued a cheque bearing number 000083 dated 31st December, 2012 for a sum of Rs. 1,50,000/- in favour of the petitioner. On presentation of the aforesaid cheque, it was dishonoured with remarks 'funds insufficient' vide return memo dated 30th March, 2013. Legal demand notice dated 29th April, 2013 was sent to the respondent. Despite the service of legal notice, respondent failed to make the payment. Hence, the complaint.

(3.) Petitioner examined himself as CW-1 and admitted that he had a business of chemicals and cable TV. He came to know the respondent through his friend Shakambar Dutt as the respondent used to visit his office. During his cross-examination, he stated that he did not know whether Shakambar Dutt had ever given any loan to the respondent and he had advanced the loan in question on the saying of Shamkambar Dutt. It was suggested during cross-examination that he had business relationship with the respondent and due to strained relationship on account of substandard goods, he misused security cheque in question by filing the present case.