SHRI ASHOK GAUR vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:03.07.2025 + CRL.A. 560/2020 SHRI ASHOK GAUR .....Appellant versus STATE OF NCT OF DELHI & ANR. .....Respondents Advocates who appeared in this case: For the Appellant : Mr. Deepak Sharma, Mr. Saurabh & Mr. Nikunj Sharma, Advs. For the Respondents : Mr. Sunil Kumar Gautam, APP for the State Ms. Samridhi Singh & Mr. A.K. Singh, Advs. for R2 CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present appeal is filed against the judgment dated 15.02.2020 (hereafter ‘impugned judgment’) passed by the learned Metropolitan Magistrate (‘MM’), South, Saket Courts, New Delhi in CC No. 472501/2016 whereby Respondent No. 2 was acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’). 2. Briefly stated, it is the case of the complainant/petitioner that on Signature Not Verified Signed By:DEEPANSHU Signing Date:05.07.2025 CRL.A. 560/2020 Page 1 of 14 18:04:28 24.07.2015, he advanced a friendly loan for a sum of ₹10,00,000/- (₹5,00,000/- in cash and ₹5,00,000/- through RTGS) to Respondent No. 2. It is alleged that the same was duly acknowledged by Respondent No. 2 who executed a promissory note and a receipt dated 24.07.2015 in the presence of two witnesses and also issued a post dated cheque bearing No. 834276 dated 17.06.2016 for a sum of ₹10,00,000/- in favour of the petitioner. The said cheque on presentation got dishonoured and returned unpaid vide return memo dated 18.06.2016 with remarks “funds insufficient”. Thereafter, the petitioner sent a legal demand notice dated 12.07.2016 to Respondent No. 2. Subsequently, on the failure of Respondent No. 2 to repay the cheque amount within the stipulated period despite the issuance of legal demand notice, the subject complaint was fil