DR. K.K. SONI Vs. MUKESH KUMAR

JUDGEMENT

(1.) The instant application has been filed under Sec. 378(4) Crimial P.C. for grant of leave to appeal against the impugned judgment dated 23.08.2010 passed by the learned Judicial Magistrate First Class, Panipat, whereby complaint filed by the petitioner under Sections 138/142 of the Negotiable Instruments Act has been dismissed and the respondent has been acquitted of the notice of accusation served against him.

(2.) Brief facts of the case are that a complaint was filed by the appellant-complainant under Sec. 138/142 of the Negotiable Instruments Act, 1881 alleging that the accused-respondent was planning to sell his house situated in the HUDA and offered to sell the same to the complainant-appellant. Ultimately, an agreement was arrived at between them. The complainant-appellant paid a sum of Rs. 3,00,000.00 in three installments to the accused-respondent. The aforesaid deal was struck between the accused-respondent and the complainant-appellant in the presence of Jaideep Rathee and Karambir. After few days, the complainant-appellant came to know that the accused-respondent had availed loan from bank on the said house and the deal was cancelled by him with the consent of the accused. In order to repay the amount, the accused-respondent issued two post-dated cheques, bearing No. 797909 dated 20.12.2004 amounting to Rs. 1,50,000.00 and No.797910 dated 20.12.005 amounting to Rs. 1,77,000.00. On presentation of the aforesaid cheques, the same were returned with the remarks "Insufficient funds".

(3.) The complainant-appellant sent a legal notice dated 31.05.2006, but the accused-respondent failed to make the payment of the amounts of the cheques in question. Thereafter, the complainant filed the complaint before the learned Trial Court. On the basis of preliminary evidence, notice of accusation for commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 was served upon the accusedrespondent to which he pleaded not guilty and claimed trial.