GAURAV RAJ VERMA Vs. RAGHUBIR KUMAR

JUDGEMENT

(1.) This order of mine shall dispose of two connected revisions bearing CRR Nos.1386 and 1387 of 2017, between the same parties, arising out of the same facts.

(2.) Respondent Raghubir Kumar file two criminal complaints i.e. complaint No.395, dtd. 29/2/2016 and complaint No.881, dtd. 5/3/2016, which were disposed of by the learned Judicial Magistrate 1st Class, Ambala, vide separate judgments of the same date i.e. 6/8/2016.

(3.) The facts of the complaints are that the present petitioner (accused No.1 therein), namely, Gaurav Raj Verma took a loan amounting to Rs.20,00,000.00 from the complainant (respondent No.1 herein) for promotion of his business. The said loan was advanced to the complainant by the present petitioner by way cheques on four different occasions i.e. a sum of Rs.6,00,000.00 advanced on 27/6/2012 and a promissory note of was executed by the petitioner in favour of the complainant in the presence of the witnesses. Rs.5,00,000.00 were advanced on 18/8/2012, Rs.3,00,000.00 were advanced on 18/10/2012 and Rs.7,00,000.00 were advanced on 6/2/2013, totaling Rs.21,00,000.00. The petitioner also executed three promissory notes dtd. 18/8/2012, 18/10/2012 and 6/2/2013, regarding these three loan transactions. He had also agreed to pay interest @ 2% per month on all the aforesaid amounts. The land of the complainant in Sector-8 and Sector 9 etc. was acquired. Therefore, he had funds to advance the loan. To repay the said loan amount, in November, 2013, petitioner issued three post dated cheques bearing Nos.644962, dtd. 7/1/2016 for Rs.7,00,000.00, 847853 dated 07.012016 for Rs.6,00,000.00 and 644952 dtd. 15/1/2016 for Rs.5,00,000.00. Further in November, 2013, the fourth post dated cheque bearing No.644956, dtd. 15/1/2016 for Rs.3,00,000.00 was also issued. On presentation, all the aforesaid cheques were dishonoured by the bank with the remarks "Funds Insufficient". Regarding the aforesaid first three cheques, criminal complaint No.395, dtd. 29/2/2016 was filed (called first complaint) and regarding the 4th cheque, criminal complaint No.881, dtd. 5/3/2016 under Sec. 138 of the Negotiable Instruments Act, 1881, was filed (called second complaint) against the present petitioner and his father Ajay Verma.