RAJINDER PAL SINGH Vs. SANJEEV SHARMA

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dtd. 2/7/2013 passed by the Judicial Magistrate Ist Class, Gurugram, whereby respondent-accused has been acquitted of the notice of accusation served upon him.

(2.) The brief facts leading to the filing of the instant appeal are that the respondent-accused is alleged to have borrowed a sum of Rs.17,45,000.00from the appellant-complainant in the month of July 2010. In order to discharge the said legal liability, the respondent-accused is alleged to have issued a cheque bearing No.540695 dtd. 13/12/2010 amounting to Rs.17,45,000.00 in favour of the appellant-complainant drawn at Punjab National Bank, New Delhi. Upon presentation of the said cheque by the appellant-complainant for encashment with his banker, the same was returned unpaid on 3/3/2011 with the endorsement "refer to drawer". Thereafter, a legal notice dtd. 17/3/2011 was sent through advocate, however, the same was returned with the endorsement "receiver is not residing at this address." It is contended that the legal notice was sent through registered post to the address of the respondent-accused as mentioned in the Driving Licence as well as Voter I.D. Card of the respondent-accused. It is also pointed out that the said address is also reflected in a sale deed dtd. 4/1/2008, which was executed between Rajinder Pal Singh (appellant-complainant herein) and Sanjeev Sharma (respondentaccused herein). It is submitted that the proceedings were instituted against the respondent-accused before the Judicial Magistrate Ist Class, Gurugram, however, vide judgment dtd. 2/7/2013, the respondent-accused was acquitted of the notice of accusation served upon him. Hence, the present appeal.

(3.) Learned counsel appearing on behalf of the appellant-complainant has argued that the judgment passed by the Judicial Magistrate Ist Class, Gurugram suffers from infirmity inasmuch as the offence in question stood legally established and that the address in question was duly reflected in various documents of the respondent-accused i.e. Driving Licence and Voter I.D. Card. The address of the respondent-accused is also mentioned in the sale deed executed between the parties. The same address was mentioned in the legal notice as well as in the complaint.