Bhawish Chand Sharma vs Bawa Singh on 9 July, 2018

1. The present appeal has been preferred against the judgment dated
31.07.2014 whereby the learned Metropolitan Magistrate, Karkardooma
Courts, New Delhi in complaint No. 266/13 has acquitted the
respondent/accused of the offence under Section 138 of the Negotiable
Instruments Act, 1881 (NI Act).

Crl. A No.965/2016 Page 1 of 25

2. The case of the appellant/complainant, as narrated in the complaint is
that the respondent/accused purchased a property from him i.e. property
bearing No. B-66, East Nathu Colony, Delhi-110094, and in the discharge of
his liability, he made part payment in cash and also issued a cheque bearing
No. 509034 dated 12.02.2006 amounting to Rs. 5,00,000/- drawn on Kangra
Co-Operative Bank Ltd., A Block, JagatPuri, Delhi 110051, being the
balance payment relating to the aforesaid purchase of property. The said
cheque was presented for encashment twice, and on both occasions, same
was dishonoured with remarks “insufficient funds”. The appellant served a
legal demand notice dated 26.08.2006 to the respondent by courier as well
as UPC, but even after receipt of the legal notice, the respondent did not
make the payment. So, the present complaint was filed by the appellant
under Section 138 of the Negotiable Instrument Act.

Source: Indian Kanoon

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