RADHEY Vs. STATE & ANR

JUDGEMENT

(1.) Crl.M.A. No.33565/2018 (Delay)

(2.) Facts leading to the present case as per the complaint are that the petitioner gave a friendly loan of Rs. 1,00,000/- for a short period to the respondent No.2 on his request. In order to discharge the liability, respondent No.2 issued two cheques bearing numbers 015413 and 015414 both dated 12th November, 2016 for a sum of Rs. 50,000/- each drawn on Allahabad Bank, New Friends Colony, Delhi in favour of the petitioner. On presentation of the aforesaid cheques, they were dishonoured with remarks 'payment stopped by drawer' vide return memos dated 13th January, 2017. Legal demand notice dated 23rd January, 2017 was sent to the respondent No.2 though speed post. Despite the service of legal notice, respondent no.2 failed to make the payment. Hence, the complaint.

(3.) Notice under Section 251 Cr.P.C. was framed against the respondent No.2 and was served upon him on 1st February, 2018 to which he pleaded not guilty and claimed trial. In his defence, he denied any friendly relations with the petitioner. He also denied his liability to the extent of cheque amount and stated that he had booked the services of tent house which was run by the petitioner for the marriage of his sister for a consideration of Rs. 1,20,000/- out of which of Rs. 20,000/- was paid by him in advance and for the balance payment, he issued two cheques in question at the instance of the petitioner. However, due to deficiency in the services of the petitioner, he was constrained to issue stop payment instructions. He admitted the receipt of notice and stated that he approached the petitioner and made an offer to pay Rs. 70,000/- after making deductions on account of supply of inadequate material and deficiency in services but the petitioner refused to accept the said amount.