AVDESH GUPTA Vs. SATISH SHARMA & ANR

JUDGEMENT

(1.) The petitioner (complainant in the original complaint under Section 138 of the Negotiable Instruments Act) impugns order dated 26.09.2015 passed by the appellate court, whereby the appellate court has set aside the order of conviction dated 24.07.2015 and order on sentence dated 31.07.2015 and acquitted respondent no. 1.

(2.) The petitioner had filed a complaint under Section 138 of the Negotiable Instruments Act against the respondent no. 1 contending that petitioner had advanced a friendly loan of Rs. 1 lakh on 16.03.2011 and another loan of Rs. 1 lakh in April, 2011. The respondent in discharge of the said liability is alleged to have issued two post dated cheques in the sum of Rs. 1 lakh each; both dated 01.09.2011. When the said cheques were presented for encashment they were returned unpaid for the reasons of "Insufficiency of Funds".

(3.) The petitioner issued a notice of demand dated 12.09.2011. Despite delivery of the same, the respondent failed to send any reply to the said notice of demand. Consequently, the subject complaint under Section 138 of the Negotiable Instruments Act was filed.