GOPAL GOEL Vs. SAPNA

JUDGEMENT

(1.) Crl.M.A. No.12087/2016 (Delay)

(2.) Briefly stated, the facts of the case as per the complaint are that the petitioner was on friendly terms with the respondent and her family. Petitioner advanced Rs. 50,000/- as a friendly loan on interest at the rate of 24% per annum on 1st November, 2002 to the respondent for a period of six months. When the petitioner approached the respondent for repayment, she gave a cheque bearing number 184340 dated 17th May, 2003 for a sum of Rs. 50,000/- drawn on Oriental Bank of Commerce, Delhi against the aforesaid loan amount. When the cheque was presented for encashment on 22nd May, 2003, it was returned dishonoured with remarks 'funds insufficient' vide return memo dated 26th May, 2003. Petitioner intimated the respondent about the dishonour of cheque and requested her to make the payment, however, she failed to make the payment despite repeated requests and demands. Petitioner sent a legal demand notice dated 3rd June, 2003 through registered AD and UPC but the respondent failed to make the payment within the stipulated time. Hence, the complaint.

(3.) Notice under Section 251 Cr.P.C. was framed against the respondent vide order dated 16th November 2010 to which she pleaded not guilty and claimed trial.