RAJESH KUMAR Vs. GURMEET SINGH

JUDGEMENT

(1.) The petitioner-Rajesh Kumar(accused) assails order dtd. 28/11/2023 (Annexure P-6) passed by learned Additional Sessions Judge, Gurugram vide which a revision petition filed by the petitioner has been dismissed. The said revision was against order dtd. 26/7/2023 (Annexure P-4) passed by JMIC, Gurugram, dismissing petitioner's application filed under Sec. 311 Cr.P.C. for recalling of the complainant i.e. respondent No.1-Gurmeet Singh, in a complaint filed under Sec. 138 of Negotiable Instruments Act.

(2.) The complainant alleges that he had paid an amount of Rs.57,50,000.00 to the accused regarding purchase of land but the accused refused to execute the sale deed. After much persuasion accused agreed to return back an amount of Rs.50.00 lakhs to the complainant and towards partial discharge of said liability issued cheque bearing No.245028, 245029 and 245030 dtd. 20/2/2017, 20/3/2017, 20/4/2017 respectively, all drawn on State Bank of India, Mehrauli Road, Gurgaon for Rs.1.00 lakh each. However, upon presentation of the said cheques, the same were dishonoured and consequently the complainant instituted a complaint under Sec. 138 of Negotiable Instruments Act, against the petitioner wherein he was summoned by the learned Judicial Magistrate 1st Class vide order dtd. 3/11/2017.

(3.) Pursuant to appearance of the petitioner before the trial Court and consequent upon substance of accusation having been made known to the petitioner and the petitioner having pleaded not guilty, the statement of the complainant and of his witnesses were recorded, who were duly cross-examined by learned counsel for the accused.