HARISH CHAND CHAUHAN Vs. GANGA SARAN

JUDGEMENT

(1.) Crl.M.A. No.18350/2017 (Delay in Re-filing) and Crl.M.A. No.18348/2017 (Delay)

(2.) Facts leading to the present petition are that the petitioner and the respondent were residents of the same locality. Petitioner had introduced the respondent to a committee being run by one Mr.Bhim Singh of which he was a member. Respondent paid the subscription of the committee twice after which he took the committee money. Thereafter respondent showed his inability to pay the committee money due to financial problems as a result of which the petitioner had to pay the committee money on behalf of the respondent as he had introduced him to the committee. In February 2014, the respondent requested the petitioner to advance a loan of Rs. 1,00,000/- as he needed the same urgently. He assured the petitioner that he would pay an interest of 3.5% per month on the loan amount and also gave him original property papers as security. Respondent refused to pay the money after repeated requests from the petitioner. With the intervention of a friend, mediation took place and it was settled between the parties that an amount of Rs. 2,63,271/- including the committee money, the loan amount and the interest on the loan was due as on 11th November 2014. On 28th July 2016, the respondent handed over a cheque of Rs. 2,20,000/- bearing number 000002 dated 28th July 2016 drawn on Bank of India, Dewali Branch, Duggal Colony, New Delhi and took back his original property documents. Petitioner presented the abovementioned cheque for encashment, however, the same was returned unpaid with the remarks "Funds Insufficient" vide memo dated 18th August 2016. Petitioner issued a legal notice dated 27th August 2016 upon the respondent to make the payment of the cheque amount within 15 days of receipt of notice. Even on service of the said notice, the respondent did not make payment to discharge his liability. Hence, the complaint.

(3.) During the pre-summoning evidence, the petitioner filed an affidavit by way of evidence and relied on copy of property papers, copy of settlement deed dated 11th November 2014, original cheque, return memo, copy of legal notice and postal receipts vide Ex.CW-1/1 to Ex.CW-1/7. On 4 th October 2016, summoning order under Section 204 Cr.P.C. was issued against the respondent.