Document Fragment View

Matching Fragments

1. The applicant has filed the present application under Section 378(4) Cr.P.C. with a prayer to grant special leave to appeal against the impugned judgment dated 28.03.2017 passed by the Judicial Magistrate 1st Class, Gurugram, whereby, the respondent was ordered to be acquitted of the notice of accusation.

2. The brief facts of the complaint are that the applicant was having good friendly relations with the respondent and her husband and on the basis of their friendly relations respondent alongwith her husband, approached to applicant for friendly loan to the sum of Rs.3,50,000/- in the month of January, 2015 at applicant's office at village Sadhrana, District Gurgaon as the respondent and her husband 1 of 10 Neutral Citation No:=2024:PHHC:154734 were in desperate need of the money for their business. The respondent and her husband had further assured to the applicant that they would refund the friendly loan amount within a period of four months promptly without any further delay and default on their part. Thereafter, the applicant believing upon respondent and her husband's specious warranty and assurances, paid a sum of Rs.3,50,000/- in cash to them. Even after the passage of four months when the respondent and her husband did not turn up qua the repayment of the friendly loan, then the complainant got perturbed and thereafter tried to contact respondent and her husband, then, on meeting the respondent and her husband, they assured the applicant that the payment would be made very soon. Thereafter, the respondent and her husband in discharge of their legal liability to repay the friendly loan amount, had issued two cheques bearing No. 000015 & 000026 dated 09.02.2015 & 02.04.2015 of Rs. 40,000/- and 3,00,000/- drawn on HDFC Bank, Ltd. Chandu Budhera Chowk, VPO Budhera, Gurgaon. The cheque bearing No.000015 dated 09.02.2015 of Rs.40,000/- was presented by applicant with his banker but the said cheque was returned unpaid for the reason "Instrument Outdated". Another cheque bearing No.000026 dated 02.04.2015 of Rs.3,00,000/- was got dishonored upon presentation for reason "Funds Insufficient". When the applicant approached the respondent and her husband, then they failed to honour their liability. The applicant also issued a legal notice dated 06.06.2015 by registered AD through his counsel. Thereafter, 2 of 10 Neutral Citation No:=2024:PHHC:154734 despite being served with legal notice the accused did not make the payment within mandatory period of 15 days of the cheque amount. Hence, the accused has committed the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as 'the Act')