(1.) The instant application has been filed for the following reliefs:-
(2.) The factual matrix of the case is that the complainant/respondent no. 2, Hari Om Pathak, filed a criminal complaint against the applicant Madhu Singh and co-accused Rahul Thind (her friend) under Sec. 138 of the Negotiable Instruments Act, 1881, as well as under Sec. 420 IPC, with the allegations that relations between the complainant and Rahul Thind were very cordial ad due to this, the complainant advanced Rs.3,00,000.00 and Rs.5,00,000.00 in December, 2004 as loan for business purposes, on the assurance that the said amount would be repaid within two months, failing which interest @ 18% per annum would be paid.
(3.) Relying upon the said assurance, the complainant advanced the aforesaid sum to Rahul Thind. However, upon expiry of the stipulated period, the amount was not repaid. Upon repeated demands, Rahul Thind issued two cheques bearing no. 128736 dtd. 1/4/2006 for Rs.3,00,000.00 and cheque no. 128733 dtd. 4/4/2006 for Rs.5,00,000.00, both drawn on HDFC Bank Ltd., Raj Nagar, Ghaziabad, with an assurance that the same would be honoured upon presentation.