PARVEEN MEHTA Vs. VISHAL JOSHI

JUDGEMENT

(1.) This is an application under Sec. 378(4) Cr.P.C. for grant of leave to appeal against the judgment dtd. 15/10/2015, acquitting respondent-Vishal Joshi in Complaint Case No. 21265 of 2012.

(2.) The brief facts are that cheque bearing NO. 241977 dtd. 28/6/2012 for a sum of Rs.85,000.00 drawn on State Bank of India, Amritsar was presented by complainant-Parveen Mehta (appellant herein). The cheque was returned with the remarks "insufficient funds". A legal notice was served and the complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') was filed.

(3.) The respondent took a defence that security cheque was misused. A loan of Rs.5,000.00 was taken from the complainant which was repaid but the cheque was not returned. By filling the amount of Rs.85,000.00, the security cheque was presented in the bank. To substantiate the defence, the respondent relied upon the testimony of the official of Income-tax Department and the income-tax returns filed by the complainant. Further evidence was adduced to show that the complainant was acting as a money lender. He had filed number of complaints under Sec. 138 of the Act by mis-utilising the security cheques and if the amounts lended by him on loan are compared with his earnings in the income-tax returns, the amount advanced as loan were much higher.