BHAWNA KATHURIA Vs. SHIVANI TRADERS AND ANOTHER

JUDGEMENT

(1.) By way of this common order, I intend to dispose of the two present appeals i.e. CRM-A Nos.1285-MA and 1259-MA of 2014 as the complainant and the accused persons are same in both the cases and the trial Court has decided both the cases on the same date vide impugned judgment dated 04.06.2014 while acquitting the respondents/accused.

(2.) Brief facts of the case are that the appellant/complainant filed the criminal complaint No.51 dated 15.09.2011 (hereinafter to be referred as 'first complaint') against the respondents/accused with the allegations that the appellant and the respondents have friendly relations and the respondent Shivani Jain along with her husband Manoj Jain, on 20.04.2011 obtained a friendly loan of Rs.10,00,000/- (ten lacs rupees) for a period of 06 months with a promise to return the same by 20.10.2011 as she required the same for her business. The complainant advanced the loan and accused/respondent No.2 issued a post-dated cheque No.864442 dated 20.10.2011 for an amount of Rs.10,00,000/- (ten lacs rupees) drawn on UCO Bank, Thomson Press, Delhi Mathura Road, Faridabad. It is further stated in the complaint that again on 15.05.2011, accused and her husband Manoj Jain approached the complainant that they can help her in obtaining a loan of Rs.30,00,000/- from a bank within a period of 01 month as the complainant wanted to purchase a big house and demanded that they will charge 5% as their commission. Thereafter, on 10.06.2011, accused No.2 Shivani Jain and her husband approached the complainant to pay them another amount of Rs.10,00,000/-(ten lacs rupees) for a period of 45 days and the complainant provided the amount and the accused persons issued 02 cheques bearing Nos.864411 dated 22.07.2011 and 864412 dated 25.07.2011 for an amount of Rs.5,00,000/- each (five lacs rupees each) drawn in UCO Bank, Thomson Press, Delhi Mathura Road, Faridabad. Apart from this accused also took Rs.50,000/- in cash as part payment of commission for providing the loan for an amount of Rs.30,00,000/-.

(3.) The complainant later on, requested the accused to refund the loan and on the due date of the cheques, she presented cheque Nos.864411 as well as 864412 which were returned by the Bank vide memos dated 25.07.2011 and 27.07.2011 with the remarks 'insufficient funds'. It is further stated in the complaint that the complainant, thereafter, issued a legal notice dated 19.08.2011 and the same was replied by the accused persons and the factum of loan was denied and the accused set up a defence that in fact, the cheques were issued by them as husband of the complainant was serving in Government Polytechnic for Women, Faridabad and he had promised to provide a job to accused No.2 Shivani Jain and the bank cheques were issued so that the payment be made to the concerned persons. With these allegations, the aforesaid complaint was filed.