RAJIV KATARIA @ RAJU Vs. VARUNESH SHARMA

JUDGEMENT

(1.) This special leave to appeal is directed against the impugned judgment dated 05.03.2016, passed by learned Judicial Magistrate 1st Class, Gurgaon, whereby the accused-respondent was acquitted of the charges framed against him under Section 138 of Negotiable Instrument Act, 1881 (for short 'the Act').

(2.) It is contended that the appellant had advanced a loan amounting to Rs. 11,30,000/- to the respondent and to discharge his liability respondent issued cheque dated 20.11.2013 in favour of the appellant. However, on presentation of the same, it was returned by the bank with the remarks 'Funds Insufficient'. There is no dispute with regard to signature over the alleged cheque. In this way, the appellant has proved all the material ingredients to constitute the offence under Section 138 of the Act against the respondent and the impugned judgment is liable to be set aside.

(3.) I have heard the learned counsel and carefully perused the entire record on file.