AMIT KANTIWAL AND ORS. Vs. MUKESH MITTAL

JUDGEMENT

(1.) THIS order of mine shall dispose of two separate applications filed under Section 378(4) CrPC seeking permission to grant special leave to appeal against the orders dated 1.11.2013 passed by Judicial Magistrate Ist Class, Gurgaon, whereby the accused -respondents have been acquitted from the charges under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act"). Since both the applications are against same accused namely Mukesh Mittal and the facts of both the applications are more or less similar, the same are being disposed of by way of common order. However, for the facility of the disposal of these cases, facts have been taken from CRM -A -863 -MA -2014.

(2.) THE complainant had filed the present complaint against the respondent for commission of offence punishable under Section 138 of the Act on the premises that the complainant is running a readymade cloth business in the name and style of M/s. Amit Collections. The accused is running a Kiryana business in the name and style of M/s. Mittal Enterprises. The accused had taken a friendly loan of Rs. 5 lacs from the applicant with a promise to return the same within two months and in discharge of his liability, the respondent had given a cheque bearing No. 249627 dated 30.5.2012 for an amount of Rs. 5 lacs. However, as per the assurance of the accused, when the cheque was presented for encashment, the same was returned with the remarks of "insufficient funds and alteration in dates". Accordingly, legal notice dated 28.7.2012 was sent to the respondent -accused, but still, he failed to make the payment. Thus, the complainant filed a complaint under Section 138 of the Act on 29.8.2012. On the basis of the contents of the complaint and documents supplied, notice of accusation was served upon the respondent vide order dated 15.10.2012 of learned Judicial Magistrate Ist Class, Gurgaon.

(3.) LEARNED trial Court vide judgment dated 1.11.2013 has acquitted the respondents -accused and observed as under: - -