SURENDER SINGH Vs. SANJEEV KUMAR THAKUR

JUDGEMENT

(1.) Aggrieved by the judgment dated 28th July, 2016 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 case are that the petitioner and the respondent were friends and have known each other for the past 2-3 years. The respondent had approached the petitioner on 20th March, 2014 and requested him to give a friendly loan for a sum of Rs. 20,00,000/- for a period of 2 months to improve his business. Considering the urgency of the respondent, the petitioner advanced a loan of Rs. 20,00,000/- to him. The respondent issued a cheque in favour of the petitioner bearing number 354139 dated 13th May 2014 for Rs. 20,00,000/- drawn on Punjab National Bank, Bijwasan, New Delhi. Thereafter, the petitioner presented the said cheque for encashment, however, the cheque was returned vide returning memo dated 15th May 2014 with remarks "drawers signatures differ". Petitioner sent a legal demand notice dated 27th May 2014 to the respondent to make payment within the statutory period. It was duly served at the Bijwasan address but was returned unserved at the Bhagalpur, Bihar address. When the respondent failed to make the payment, the petitioner preferred the instant complaint under Section 138 of the Negotiable Instruments Act.

(3.) The petitioner led pre-summoning evidence on 24th June 2014 and summons were issued against the respondent. The respondent appeared before the court in execution of bailable warrants on 12th November 2014 whereafter notice was framed under Section 251 Cr.P.C. against him. The respondent pleaded not guilty and claimed trial.