Document Fragment View

Matching Fragments

1. Vide this judgment the present complaint case for an offence punishable U/Sec.138 of the Negotiable Instruments Act, 1881 (hereinafter "the NI Act") is being decided.

Digitally signed 
                                                                   NIDHI     by NIDHI BALA


                                                                   BALA
                                                                             2023.06.26
                                                                             15:57:34
                                                                             +05'30'

CC No. 44/2021                Rajesh Kapoor Vs. Mandeep Singh              Page no. 1 of 13
 2.     Factual matrix of the case:-
2.1          Complainant was searching a property in Jyoti Nagar, Delhi i.e. area of the

                                                                       BALA        2023.06.26
                                                                                   15:58:15 +05'30'

CC No. 44/2021                Rajesh Kapoor Vs. Mandeep Singh                Page no. 2 of 13

on one pretext or the other. Thereafter in the month of October 2020, a meeting was held and it was orally agreed that accused shall pay Rs.18,00,000/-(Eighteen lacs) i.e. double of the token amount as per the agreement dated 29.04.2019 to the complainant and on the same day accused being the son of Arvind Kaur in order to discharge her liability issued a cheque bearing no. 000022 dated 20.11.2020 in the sum of Rs.8,00,000/-(Eight lac) drawn on Kotak Mahindra Bank, Yamuna Vihar Branch, Delhi (hereinafter called "the cheque in question") and it was further agreed by the accused that after two months of the encashment of the cheque in question, he shall issue another cheque in favour of the complainant for the balance amount of Rs.10,00,000/-(Ten lacs).

3. On being satisfied of the prima facie ingredients of Section 138 of the NI Act, cognizance was taken and summons were directed to be issued against the accused vide order dtd. 30.01.2021 and accused appeared through counsel accordingly and was admitted to bail after his appearnce on the execution of warrants. On 24.09.2021 notice under Section 251 Cr.PC was framed and served upon the accused to which he pleaded not guilty and claimed trial. While putting forth his plea of defence, accused admitted his signatures upon the cheque in question and also the amount having been written by himself, fact of dishonour of the cheque in question and the fact of receiving the legal demand notice sent NIDHI Digitally signed by NIDHI BALA BALA Date: 2023.06.26 15:58:31 +05'30' CC No. 44/2021 Rajesh Kapoor Vs. Mandeep Singh Page no. 3 of 13 by complainant to him through counsel. The statement of accused was recorded under section 294 Cr.P.C qua the admitted facts. The plea of accused is being reproduced hereinafter for ready reference: 

                                                                             BALA         2023.06.26
                                                                                          15:58:51 +05'30'


CC No. 44/2021                 Rajesh Kapoor Vs. Mandeep Singh                    Page no. 4 of 13

iv) Ex. CW-1/C: Statutory Legal demand notice dtd. 24.12.2020 sent by Complainant to accused through counsel (Admitted by accused at the time of his statement recorded Under Section 294 Cr.P.C).