RAHUL GUPTA Vs. STATE

JUDGEMENT

(1.) Vide the present appeal, the appellant seeks directions thereby quashing and setting aside of the impugned order and judgment dated 23.08.2016 passed by the learned Metropolitan Magistrate, West Delhi in Complaint Case No. 19715/2016 titled as 'Rahul Gupta vs. Gaurav Bhatia' and consequently, direct the learned Metropolitan Magistrate to restore the same on merit.

(2.) Brief facts of the case are that respondent No. 2 had availed a friendly loan of Rs. 13,50,000/- in the month of September, 2013 from the appellant and in discharge of his legal liability and to return the said amount, the respondent No.2 had issued a cheque bearing No. 311606 dated 10.02.2014 for a sum of Rs. 13,50,000/- drawn on Andhra Pradesh Bank, Palam Vihar Branch, Gurgaon in favour of the appellant. However, the said cheque when presented by the appellant for encashment with his Banker - HDFC Bank Ltd, New Delhi, was returned dishonoured by bank of Respondent No.2 with the endorsement "Insufficient Funds" and the information regarding dishonour of cheque was received by the appellant by way of 'cheque return memo' dated 12.02.2014. Thereafter, appellant had also sent a legal notice dated 28.02.2014 to respondent No.2 demanding the amount of the cheque and loan. However, instead of returning the amount and discharging his liability, respondent No. 2 had sent a reply dated 13.03.2014, whereby he had raised baseless and frivolous issues only to avoid his liability and the amount was not returned in favour of the appellant. Hence, a complaint under section 138 of the Negotiable Instruments Act was filed by the appellant against the respondent No.2 being CC No. 7743/1/2014 before the Court of Additional Chief Metropolitan Magistrate, Tis Hazari Courts, Delhi in the month of April, 2014 wherein cognizance was taken by the Court and summons were issued to the accused/respondent No.2. However, during the time, when the said matter was pending adjudication, in light of the judgment passed by the Hon'ble Supreme Court in Dashrath Rupsingh Rathod Vs. State of Maharashtra and Anr., (2014) 9 SCC 129, the said complaint case was returned to the appellant/complainant by the Court vide order dated 09.10.2014 to be filed before competent Court i.e. before the jurisdiction of the Court where the bank of the drawer/accused/respondent No.2 was located.

(3.) Hence, the said complaint was filed by the Appellant/Complainant before the competent Court of Judicial Magistrate, Gurugram (earlier Gurgaon), Haryana and the Court of Magistrate First Class, Gurugram had taken up the matter on 14.11.2014, and on 01.12.2014 summons were issued to the accused/respondent No.2 for 19.01.2015, pursuant to which accused had appeared before the Court and the matter was proceeded further by the Court in accordance with the law."