SHRIKANT VERMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) All the three above-mentioned petitions are being taken up together for their adjudication as the genesis thereof lies in the same Criminal Complaint case.

(2.) As per the brief factual-matrix culminating in the filing of these petitions by invoking the extra-ordinary jurisdiction of this Court under Sec. 482 Cr.P.C, respondent No.2-complainant (here-in-after to be referred to as 'respondent No.2') filed the Criminal Complaint bearing NACT No.2227 of 2016 against the petitioner-convict-appellant (here- in-after to be referred to as 'the petitioner') under Sec. 138 of the Negotiable Instruments Act (for short 'the NI Act') while alleging therein that the petitioner had taken the financial assistance from him (respondent No.2) to the tune of Rs. 1.14 crore. In discharge of his afore-said liability, the petitioner issued a cheque dtd. 10/5/2016 worth Rs. 1.45 crore in his (respondent No.2's) favour. However, when presented in the concerned Bank for its encashment, the said cheque was dishonoured with the remarks "Funds Insufficient" vide the memo dtd. 6/8/2016. Then, he sent a legal notice dtd. 5/9/2016 to the petitioner, through registered post, asking him therein to pay the cheque amount but the petitioner failed to do the needful in this regard.

(3.) Respondent No.2 led his preliminary evidence and vide the order dtd. 3/2/2017, the trial Court summoned the petitioner to face the trial under the afore-mentioned provisions. In pursuance of the said order, the petitioner appeared in the Court and the notice of accusation was, accordingly, served to him and he pleaded not guilty to the same and claimed trial. Thereafter, respondent No.2 concluded his evidence and then, the petitioner was examined under Sec. 313 Cr.P.C to explain the circumstances appearing against him in the evidence on the record wherein he stated that the above-said cheque had been misused by respondent No.2.