SHAKIR Vs. SANJAY SHARMA

JUDGEMENT

(1.) The prayer in the present petition is for setting aside the impugned judgment dtd. 23/5/2022 passed by the learned Additional Sessions Judge, Faridabad, whereby the learned Court upheld the judgment dtd. 30/11/2017 and order of quantum of sentence dtd. 6/12/2017 passed by the learned Judicial Magistrate, 1st Class, Faridabad.

(2.) The brief facts of the case are that the complaint was filed by complainant/respondent No.1-Sanjay Sharma, who stated that he had advanced a friendly loan of Rs.4,00,000.00 to the accused/petitioner in 2014 for a period of four months. In discharge of his liability, the accused/petitioner issued a cheque bearing No.205265 dtd. 24/10/2014 of Rs.2,00,000.00 and cheque bearing No.205266 dtd. 24/10/2014 of Rs.2,00,000.00 both drawn on HDFC Bank Ltd., SCO No.139/140, Sector-21-C, Faridabad (hereinafter referred to as the cheques in question) in favour of the complainant. When the complainant presented the said cheques with his banker, the said cheques were dishonoured due to reason "funds insufficient" vide return memo dtd. 9/12/2014. Thereafter legal notice dtd. 24/12/2014 through registered post was issued to the accused calling upon him to make the payment. No payment was made by the convict/petitioner. With these submissions, the complaint was filed on 27/1/2015 to summon and prosecute the accused under Sec. 138 of the Negotiable Instruments Act. After recording of the preliminary evidence, the petitioner/accused came to be summoned vide order dtd. 27/1/2015.

(3.) Statement of the convict/petitioner under Sec. 263(g) Cr.P.C. was recorded on 21/8/2015 in which the convict/petitioner denied his liability in question in favour of the complainant. He stated that he took only Rs.1.00 lakh from the complainant on interest out of which he had already paid Rs.90,000.00 to the complainant. He had given blank signed cheques to the complainant as security.