SHANKAR LAL AGGARWAL vs BHAIRON GHOSH

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:17th February, 2025 + CRL.REV.P. 721/2013 SHANKAR LAL AGGARWAL S/o Late Shri R.M. Aggarwal R/o C-17C, First Floor, Gali No.2, Mandawali Unchepur Delhi-110092. .....Revisionist Through: Mr.Amit Sinha, Mr.K.A.Nitin and Mr.S.P.M.Tripathi, Advs. versus BHAIRON GHOSH S/o Sh. Jeewan Ghosh R/o A-260, Gali No.10, West Vinod Nagar, Delhi-110092. .....Respondent Through: Mr. Ashwin Vaish, Mr.Vinod Pandey, Mr.Rajat Pahwa, Mr.Himanshu Pandey and Mr.Rohan Nair, Advs. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. A Revision Petition under Section 397/401 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟ hereinafter) has been filed against the Judgement dated 10.09.2013 whereby the Order on Conviction and Sentence in Complaint Case under Section 138 of the Negotiable Instruments Act, 1881 („N.I. Act‟ hereinafter) of learned M.M dated 02.01.2013 has been set aside by Learned Additional Sessions Judge, New Delhi in Criminal Appeal No.07/13 titled „Bhairon Ghosh vs. S.L. Aggarwal‟ and the Respondent has been acquitted. Signature Not Verified Digitally Signed CRL.REV.P. 721/2013 Page 1 of 8 By:VIKAS ARORA Signing Date:25.02.2025 10:48:24 2. The facts in brief as stated by the Revisionist/Complainant in his Complaint under Section 138 NI Act, was that Cheque bearing No.403621 dated 05.09.2007 drawn on South Indian Bank, Delhi in discharge of his liability towards a friendly loan of Rs.2 lakhs on 20.08.2007 taken by him from the Complainant/ Revisionist but was dishonoured on presentation for the reasons “funds insufficient” vide Bank Memo dated 13.09.2017. 3. A Legal Notice of Demand dated 26.09.2007 through registered cover which was returned with the remarks “Unclaimed”, while the Notice sent t