A S RATHORE Vs. VIMAL JAIN

JUDGEMENT

(1.) Learned counsel for the petitioner submits that the petitioner erroneously filed a revision petition against the order of acquittal which has resulted in delay in filing the leave to appeal petition. Considering the fact stated in the application delay of 1627 days in filing the leave to appeal is condoned.

(2.) Facts of the case as per the complaint are that the petitioner made a payment of Rs. 5,00,000/- to the respondent against a residential plot in Safdarjang Enclave, Delhi. Since the deal was not materialized, the respondent was under an obligation to return the money but he did not return the same. However, the respondent issued a post dated cheque bearing number 379849 dated 20th April, 1999 for a sum of Rs.5,00,000/-. When the cheque was presented for encashment on 28th April, 1999, it was returned unpaid vide memo dated 3rd May, 1999 with remarks 'insufficient funds and signature differ'. Consequently, legal demand notice dated 12th May, 1999 was sent. Despite notice, the respondent failed to make the payment within the stipulated period of time. Hence, the complaint.

(3.) Petitioner examined himself as CW-1 and to adduce evidence filed two affidavits on 7th September, 2007 and 22nd August, 2008 and relied upon the complaint, cheque, returning memo, legal notice and postal receipts. Petitioner examined two other witnesses namely Raju Saungra, Clerk from Canara Bank and one N.K. Khanna from Bank of Baroda.