Mukta Gupta, J. - (1.) Crl.M.A. No. 17757/2016 (Delay) For the reasons stated in the application delay of 20 days in filing the leave to appeal petition is condoned. Application is disposed of. CRL.L.P. 608/2016 Aggrieved by the judgment dated 20th August, 2016 whereby the learned District & Sessions Judge, while setting aside the judgment of conviction dated 12th October, 2015 and order on sentence dated 20th October, 2015, acquitted the respondent for the offence punishable under Section 138 Negotiable Instruments Act, 1881, the petitioner/complainant has preferred the present leave petition.
(2.) Case of the petitioner is that the respondent approached the petitioner for a friendly loan in the month of December, 2007. Consequently, petitioner advanced a sum of Rs. 65,000/- to the respondent and in discharge of his liability, the respondent issued a cheque bearing no. 139316 dated 10th April, 2008 for a sum of Rs. 65,000/- drawn on State Bank of India, Ghazipur. When the cheque was presented for encashment, it was returned unpaid with remarks "funds insufficient". When the petitioner approached the respondent and asked for payment of cheque amount, the respondent asked him to present the cheque again for encashment but it was dishonored again on 26th June, 2008. When the petitioner again approached him, he refused to pay the cheque amount. Consequently, legal demand notice dated 3rd July, 2008 was sent to the respondent through speed post and UPC. Respondent replied to the notice vide letter dated 10th July, 2008 denying all the allegations. Hence, the complaint.
(3.) Petitioner was examined as CW-1 who tendered his evidence by way of an affidavit Ex.CW-1/1. He proved the original cheque vide Ex.CW-1/A, cheque return memos vide Ex.CW-1/B and Ex.CW-1/C, legal demand notice vide Ex.CW-1/D, receipt of speed post and UPC vide Ex.CW-1/E and Ex.CW1/F and reply of respondent to legal demand notice vide Ex.CW-1/G.;