PRIYA KANSAL Vs. NAVEEN KANSAL

JUDGEMENT

(1.) The complainant (applicant herein) has filed the present application under Section 378(4) Cr.P.C. for grant of special leave to appeal against the judgment dated 21.7.2018, vide which complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') has been dismissed and the respondent has been acquitted of the charge framed against him.

(2.) As per the applicant, she being a practicing Doctor, purchased a Car make Honda Amaze in the year 2014 and at that point of time, the respondent was a salesman in the show room of the Honda Amaze Car. The respondent, approached the applicant regarding the remaining outstanding amount. Accordingly, an amount of Rs.2,37,000/- was given in cash to the respondent as the remaining payment of the car and the respondent had assured the applicant that after depositing the said amount, he would hand her over the receipt. It is further the case of the applicant that after a few days, a message was received from the show room of the car that no amount had been received. On asking of the applicant, respondent had admitted his mistake and after a great persuasion he had issued cheque No. 000004 dated 22.5.2015 for Rs.2,37,000/-, but the said cheque was dishonoured for want of sufficient funds. Even after issuance of the legal notice, due amount had not been paid.

(3.) After recording of the preliminary evidence, the respondent was summoned to face the trial and pursuant to the notice of accusation, the respondent pleaded not guilty and claimed trial.