JAGE RAM KARAN SINGH Vs. STATE

JUDGEMENT

(1.) Petitioners have assailed the order dated 05.12.2012 (hereinafter referred to as the 'impugned order') passed by the Additional Sessions Judge, Tis Hazari Courts, Delhi (hereinafter referred to as the 'Appellate Court') in Crl. Appeal No.57/2012, whereby the respondent No.2 was acquitted for the offence under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act', in short) and the judgment of conviction dated 11.07.2012 and order on sentence dated 17.07.2012 passed by the Metropolitan Magistrate, Tis Hazari Courts, Delhi (hereinafter referred to as the 'Trial Court') in CC No.2540/10 were set aside. A prayer has been made to set aside the said impugned order.

(2.) As per the allegations of the petitioners, the respondent No.2, in discharge of the liability for the goods sold to him in the year 2005, had firstly issued a cheque bearing No.902041, for an amount of Rs.3,24,000/- in favour of the petitioners on 03.01.2009 and the said cheque was dishonoured, on presentation, with the remarks - "insufficient funds."

(3.) Thereafter, in the process of settlement with respect to the aforesaid dishonoured cheque dated 03.01.2009, the respondent No.2 made a cash payment of Rs.5,000/- and issued the alleged cheque bearing No.902042 dated 12.06.2009 for an amount of Rs. 3,19,000/-, to the petitioners, which also got dishonoured for want of sufficiency of funds when presented for encashment. Thus, this was the second time when a cheque was issued by the respondent No.2 to discharge his liability towards the goods received by him from the petitioners in the year 2005 and the same got dishonoured.