KALI CHARAN GOSAMI Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment dtd. 12/3/2019, whereby the learned Metropolitan Magistrate acquitted the respondent for the offence punishable under Sec. 138 Negotiable Instruments Act, 1881 the petitioner/complainant has preferred the present leave petition.

(2.) Facts of the present case as per the complaint are that the complainant and Respondent No.2 had friendly relations. In April 2014 the complainant gave Rs.4,75,000.00 in cash as friendly loan to Respondent No.2 on the condition that he would repay the same within a period of twelve months. In November 2015 in order to discharge the liability the Respondent No.2 issued a cheque bearing no. 000013 dtd. 21/12/2015 for a sum of Rs.4,75,000.00 drawn on Bank of Baroda, Mandoli Branch, Nand Nagri Bus Depot, Delhi in favour of the petitioner. On presentation of the aforesaid cheque, it was dishonoured with remarks "funds insufficient" vide bank return memo dtd. 29/12/2015. Legal demand notice dtd. 11/1/2016 was sent to Respondent No.2. Despite the service of legal notice, Respondent No.2 failed to make the payment. Hence, the complaint.

(3.) Notice under Sec. 251 Cr.P.C. was served upon Respondent No.2 to which he pleaded not guilty and claimed trial. In his defence he stated that the petitioner who was his cousin brother had stolen the blank signed cheque from his house in respect of which he had also filed an NCR.