JUDGEMENT
N.V.RAMANA, J. -
(1.)LEAVE granted.
(2.)THIS appeal arises out of the judgment and order dated 15th January, 2013 of the High Court of Delhi passed in Criminal Miscellaneous Case No. 2961 of 2012 filed by the respondent herein under Section 482 of the Criminal Procedure Code. By the said judgment, the High Court quashed the
criminal proceedings initiated by the appellant under Section 138 of the
Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act ')
against the respondent.
The brief history of the case, according to the appellant, is that he had given a loan of Rs.60 lakhs to the respondent in the month of
November, 2011. In discharge of his obligation to the appellant, on 25th
April, 2012, the respondent issued (i) Cheque No. 889953, drawn on
Allahabad Bank, for Rs.30 lakhs; (ii) Cheque No. 545420, drawn on ICICI
Bank, for Rs.20 lakhs; and (iii) Cheque No. 545409, drawn on ICICI Bank,
for Rs. 10 lakhs. When the appellant presented the said cheques in his
Bank for realization, they were dishonoured by the respondent 's banker
with remarks 'Stop Payment '.
(3.)THE appellant, after receiving the communication from his banker about the dishonour of Cheques, issued a handwritten notice (Annexure P4) to
the respondent on 27th April, 2012 calling upon him to make the payment.
Upon non -compliance by the respondent, a formal legal notice dated 24th
May, 2012 (Annexpure P5) was issued under Section 138/142 of the Act
requiring the respondent to pay the cheques amount along with interest
and costs. In his reply to the legal notice, the respondent totally
disagreed with the allegation of taking loan from the appellant.
Subsequently, the appellant filed a Complaint Case against the respondent
invoking Sections 138, 141 and 142 of the Act and Section 420, of the
Indian Penal Code. The Metropolitan Magistrate took cognizance and
summoned the respondent who pleaded not guilty and claimed to be tried.
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