DEVI SHARAN TYAGI vs RAJU MALHOTRA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 24th March, 2025 Pronounced on: 30th April, 2025 CRL.A. 386/2025 DEVI SHARAN TYAGI .....Petitioner S/o Late Sh. Ram Chander Tyagi R/o A-2/19, Sector-4, Rohini, Delhi Through: Mr. Rishipal Singh, Mr. Pradeep Sharma and Mr. Ashu Singh, Advocates along with Petitioner in person. Versus RAJU MALHOTRA .....Respondent S/o Sh. R.K. Malhotra R/o A-3/57, Sector-4, Rohini, Delhi - 110085 Through: Mr. Shivek Trehan (DHCLSC) and Mr. Ishaan Kumar, Advocates. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Appeal has been filed under Section 378(1) of the Code of Criminal Procedure, 1973 on behalf of the Appellant/Complainant, Devi Sharan Tyagi, against the Judgment dated 28.07.2020 vide which the learned M.M., Delhi, has acquitted the Respondent/Accused, Raju Malhotra in Complaint Signature Not Verified Signed By:ANIL CRL. A. 386/2025 Page 1 of 9 KUMAR BHATT Signing Date:01.05.2025 14:34:22 Case No. 4681/2016 under Section 138 of the Negotiable Instruments Act, 1881. 2. Briefly stated, the Appellant/Complainant filed a Complaint under Section 138 N.I. Act alleging that in the first week of January, 2003, he gave a friendly loan of Rs. 2,05,000/- vide Cheque bearing no. 595711 dated 04.02.2003 drawn on ICICI BANK, Punjabi Bagh, Central Market, New Delhi-110026, for a period of one month in January, 2003for a short period to the Respondent, being known through mutual family friend, on his request of having shortage of funds for purchasing the house. 3. The said Cheque, on presented for encashment, was dishonoured vide returning memo dated 17.07.2003 for the reasons ‘funds insufficient’. 4. The Complainant on not being able to get any satisfactory response from the respondent who starte