TARUN vs MOHD SAJID

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 24th February, 2025 + CRL.L.P. 6/2021, CRL.M.A. 575/2021 (delay) TARUN S/o Sh. Kishan Sharma R/o H.N. V-479, Gali No. 16, Vijay Park, Maujpur, Delhi-53. .....Petitioner Through: Mr. Ashutosh Yadav, Advocate. versus MOHD SAJID S/o Late Umardeen R/o H.No. 382, Gali No. 27, Vijay Park, Maujpur, Delhi-53. .....Respondent Through: None CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Leave to Appeal under Section 378(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as „Cr.PC‟) has been filed on behalf of the Petitioner/Tarun to challenge the Order dated 25.09.2019, of the learned Metropolitan Magistrate, Delhi, vide which the Complaint under Section 138 read with Section 142 of the Negotiable Instrument Act, 1881 Signature Not Verified Digitally Signed CRL.L.P. 6/2021 Page 1 of 6 By:VIKAS ARORA Signing Date:25.02.2025 10:48:24 (hereinafter referred to as „N.I. Act‟) filed by the Petitioner/Complainant, against the Respondent/Mohd. Sajid, has been dismissed. 2. Briefly stated, Complainant/Tarun (Petitioner herein) had filed a Complaint Case bearing CC No. 723/2015 under Section 138 read with Section 142 of the N.I. Act, on account of dishonour of cheque bearing No. 696838 dated 08.04.2014 for Rs.4,10,000/-, drawn on Indian Bank, Krishna Nagar, Delhi, issued by the Respondent in discharge of a friendly loan of Rs.4,10,000/-taken by him in the month of January, 2014 from the Petitioner. The Cheque got dishonoured on account of “Funds Insufficient” vide return memo dated 12.04.2014. Thereafter the Petitioner, on the assurance of Respondent, presented the cheque for the second time on 28.04.2014, but was again dishonoured for “Insufficient Fund” vide return mem