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ANKUR TRADE LINKS (P) LTD.

Office at T­24A, 1st Floor, Green Park, New Delhi.

Through its Authorized Representative Mr.Ram Shankar ..............Complainant VERSUS PARAS RAM YADAV son of Mr.Ratan Lal r/o 122, Village, Mirzapur, Post Office Nimka, Faridabad, Haryana.

.............. Accused KAWAL by KAWAL SINGH SINGH Date: 2023.08.02 15:33:38 +0530 Ankur Trade Links (P) Ltd. v. Paras Ram Yadav Page No.1 of 18 Offence punishable under section 138 of Negotiable Instruments Act, 1881 STATEMENT IN BRIEF OF THE DECISION WITH REASONS FACTUAL MATRIX

1. The instant proceedings have originated out of a complaint preferred by Mr.Ram Shankar (AR of the complainant) against Mr.Paras Ram Yadav (accused) for the offence under section 138, Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act").

2. A succinct account of the facts in the complaint is that, the accused has approached the complainant and requested for availing a loan facility for purchase of a vehicle. After considering his request the complainant has provided the finance facility under the loan agreement number A380126, which was to be repaid in equated monthly installments. In view of the aforesaid liability, the accused had issued cheque in question bearing number 090584 dated 30.12.2019 for a sum of Rs.1,82,610/­ drawn on Oriental Bank of Commerce. (hereinafter referred to as the "cheque in question").

3. When the complainant presented the cheque in question for encashment, the same was returned unpaid upon presentation for the reason 'funds insufficient' vide return memo dated 02.01.2020.

Digitally signed by KAWAL

CT Cases 3545/2020 KAWAL SINGH Ankur Trade Links (P) Ltd. v. Paras Ram Yadav SINGHPage2023.08.02 15:33:50 +0530 A legal notice dated 07.01.2020 was duly sent by the complainant to the accused in this regard, but to no avail as the accused failed to pay the amount of cheque in question within the prescribed period. Hence, the present complaint under Section 138 of NI Act was filed.

5. The complainant was cross­examined after allowing the application under Section 145 (2) of NI Act. Following the KAWAL Digitally signed by KAWAL SINGH CT Cases 3545/2020 SINGH Date: 2023.08.02 15:33:59 +0530 Ankur Trade Links (P) Ltd. v. Paras Ram Yadav Page No.3 of 18 closing of complainant evidence, statement of accused under Section 313 Cr.P.C. was recorded wherein the incriminating evidence were denied by him.