DINESH CHAND SHARMA Vs. SAVITRI DEVI

JUDGEMENT

(1.) The instant petition is filed under Sec. 482 of Cr.P.C. assailing the order dtd. 3/10/2023 passed by learned Additional District and Sessions Judge No. 3, Alwar, in Criminal Appeal No. 23/2019 titled as Dinesh v. Savitri whereby, the application filed by the petitioner under Sec. 391 of Cr.P.C. read with Sec. 311 Cr.P.C. and Sec. 65 of the Indian Evidence Act was dismissed.

(2.) In a nutshell, the factual narrative of the instant matter is that the complainant filed a complaint under Sec. 138 of Negotiable Instruments Act (hereinafter referred to as the NI Act) on 10/1/2011, before the learned Trial Court against the petitioner. Therein, it was stated that the complainant had given Rs.4,00,000.00 (Rupees Four Lacs Only) to the petitioner collateral to a cheque (dtd. 6/12/2010) of the same amount. Howsoever, the said cheque got dishonored and the complainant, received a letter dtd. 11/12/2010 with a remark"account closed". Aggrieved of the aforementioned the complainant after serving a legal notice, filed a complaint registered as Criminal Complaint No. 718/2015, before the Addl. Civil Judge (S.D.) and Judicial Magistrate No. 2, Alwar (Annexure-1). It is pertinent to note that the complainant and the petitioner were in a cordial relation from past 10-15 years.

(3.) In this backdrop, learned counsel representing the petitioner submitted that whilst taking cognizance of the complaint filed by the complainant, learned Trial Court vide order dtd. 11/2/2019 convicted the accused-petitioner (Annexure-2). The relevant extract from the order dtd. 11/2/2019 is reproduced herein below: