MOHD. SABIR vs AAMIL KHAN

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 29th April, 2025 Pronounced on: 28th June, 2025 + CRL.A.597/2025 MOHD. SABIR S/O Late Sh. Fazlu Khan R/o House No.901, 1st Floor, Kamra Bangash, Tiraha Bairam Khan, Darya Ganj, New Delhi-110002. .....Appellant Through: versus SH. AAMIL KHAN S/o Sh. Mohid Khan R/o House No.C-49, Vijay Vihar, Phase-I, Sector-7, Rohini, Delhi. .....Respondent Through: CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. An Appeal has been filed on behalf of the Appellant/Complainant - Mohd. Sabir to challenge the Judgment dated 23.06.2018, whereby his Complaint under Section 138 Negotiable Instruments Act (hereinafter Signature Not Verified Signed By:RITA CRL.A.597/2025 Page 1 of 8 SHARMA Signing Date:30.06.2025 18:23:35 referred to as “N.I. Act”) was dismissed and the Respondent/Accused - Aamil Khan was acquitted. 2. The Appellant/Complainant, Mohd. Sabir filed a Complaint Case No.1440/2014 under Section 138 N.I. Act, wherein it was stated that the Respondent, Aamil Khan who was a close relative, issued two cheques in the sum of Rs.2,00,000/- and Rs.50,000/- respectively dated 26.08.2014 drawn on Bombay Mercantile Co-op. Bank Limited, Darya Ganj, New Delhi, which on presentation, got dishonoured vide Bank Memo dated 26.08.2014 with the remarks “funds insufficient”. 3. The Complainant served a Legal Notice dated 01.09.2014 despite which the Respondent failed to make the payment. Consequently, the Complaint under Section 138 N.I. Act in respect of the two cheques, was filed. 4. Notice under Section 251 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) was given on 18.02.2015 to which the Respondent pleaded not guilty. 5. The Complainant examined himself as CW1 and pro