ANITA SHARMA Vs. TARUN SAINI

JUDGEMENT

(1.) This is an application under Sec. 378(4) Cr.P.C. for grant of leave to appeal against acquittal of the Tarun Saini (respondent No. 1) vide judgment dtd. 28/1/2019, in Criminal Complaint No. 1899 of 2016.

(2.) As per the case set up by the complainant, respondent No. 1 had taken loan of Rs.1,50,000.00 on 15/6/2016 with an assurance to return the same within a month alongwith interest. Cheque bearing No.020961 dtd. 20/8/2016 for a sum of Rs.50,000.00 and cheque bearing No. 020960 dtd. 9/9/2016 in the sum of Rs.1,00,000.00 drawn on State Bank of India were issued by respondent No. 1 in favour of the complainant. On presentation, the cheque No. 020961 was returned with the remarks "insufficient funds". After giving notice, complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') was filed.

(3.) Respondent No. 1 took a defence that amount of Rs.3,00,000.00 was repaid to the complainant on 3/5/2016 in cash and earlier in the year 2013-14, amount of Rs.30,000.00 and Rs.21,000.00 was transferred to the account of the complainant as interest. He produced receipt of Rs.3,00,000.00 dtd. 3/5/2016 (Ex.D1) given by the complainant.