SUNIL KUMAR TANDON Vs. SHIV KUMAR

JUDGEMENT

(1.) Aggrieved by the judgment dated 23rd December, 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.) Facts of the present case as per the complaint are that the petitioner gave a friendly loan of Rs. 1,50,000/- to the respondent in the month of January 2010. In order to discharge the liability, respondent issued three cheques bearing numbers 046014, 046019 and 046020 dated 15th October, 2010, 15th September, 2010 and 11th October 2010 for a sum of Rs. 42,000/-, Rs. 1,00,000/ and Rs. 2,500/- respectively in favour of the petitioner. On presentation, the aforesaid cheques were dishonoured with remarks 'Account Closed' on 25th October, 2010. Legal demand notice dated 3rd November, 2010 was sent to the respondent. Despite the service of legal notice, respondent failed to make the payment. Hence, the complaint.

(3.) Notice under section 251 Cr.P.C. was served upon the respondent vide order dated 27th January, 2015 to which he pleaded not guilty and claimed trial.