RAKESH KUMAR Vs. R K KHANNA

JUDGEMENT

(1.) Respondent had faced trial in a complaint filed by the applicant under Sections 138 of Negotiable Instruments Act, 1881 qua dishonour of cheque. Trial Court vide order dated 17.04.2014 ordered the acquittal of the respondent. Hence, the present application by the complainant-applicant under Section 378(4) of Code of Criminal Procedure, 1973 for grant of leave to appeal.

(2.) I have heard learned counsel for the applicant and have gone through the record available on file carefully.

(3.) Case of the complainant in brief was that he alongwith Rakesh Kumar had entered into an agreement to sell with Anuj Khanna and Amit Khanna sons of the respondent qua property measuring 18 marlas 142 sq. ft. at the rate of Rs. 2,20,000/- per marla. Complainant gave Rs. 4,00,000/- to accused Anuj Khanna and Amit Khanna at the time of execution of the agreement to sell. Another sum of Rs. 4,00,000/- were given to the said vendors at a later stage. Thereafter, respondent received Rs. 8,00,000/- from the complainant in the presence of other vendee on 21.12.2008. A receipt was issued by the respondent in this regard. However, sale deed was not executed in favour of the complainant. Respondent entered into an agreement with the attorney of the complainant that he would return Rs. 8,00,000/- taken by him from the complainant. In this regard, complainant issued cheques in question on behalf of his sons. When the cheques were presented for encashment, the same were dishonoured by the Bank with the remarks "Funds Insufficient" and "Opening day balance insufficient" respectively. Hence, the complaint in question was filed.