IQBAL HUSSAIN Vs. QAISAR RAZA KHAN @ PAPPU

JUDGEMENT

(1.) Aggrieved by the judgment dated 21st September, 2017 whereby the learned Metropolitan Magistrate acquitted the respondent for the offence punishable under Section 138 Negotiable Instruments Act, 1881, the petitioner/complainant has preferred the present leave petition.

(2.) The facts leading to the present petition are that on 1st September, 2012, the respondent approached the petitioner for financial assistance of Rs. 3,25,000/-. The petitioner gave a loan of Rs. 3,25,000/- to the respondent on 4 th September, 2012 and in discharge of legal liability, respondent issued two post dated cheques bearing numbers 997811 dated 15th March, 2013 for a sum of Rs. 1,25,000/- and 997812 dated 29th June, 2013 for Rs. 2,00,000/-, both drawn on ICICI Bank, New Friends Colony Branch, New Delhi. On presentation, cheque bearing No. 997812 dated 29th June, 2013 for Rs. 2,00,000/- was returned unpaid with remarks 'payment stopped by drawer' vide memo dated 2nd July, 2013. Despite legal notice dated 27th July, 2013, the respondent failed to make the payment within the stipulated period of time. Hence, the complaint.

(3.) Notice under Section 251 Cr.P.C. was served upon the respondent on 12th December, 2013 to which he pleaded not guilty and claimed trial.