Vipin Sanghi, J. - (1.)THE present petition, preferred under Section 378 Cr PC seeks leave to appeal against the judgment dated 19.07.2014 passed by the learned MM -1 (NI Act), South -West District, New Delhi in CC No. 4612/2014, "M/s Mata Vaishno Finsec Pvt. Ltd. v. Shailender", whereby the complaint preferred by the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (the Act) for dishonour of cheque issued by the respondent/accused for Rs. 1,52,078/ - has been dismissed.
(2.)THE accused admitted his signatures on the cheque in question. However, he denied the other allegations of the petitioner. The case of the petitioner was that upon the respondents request, the petitioner had disbursed a personal loan of Rs. 1,60,000/ - to the accused in the month of March 2009 repayable in 24 monthly instalments of Rs. 8,533/ - each. The accused was not regular in making payment of the instalments. In this background, to discharge his liability, the accused issued the cheque in question bearing no. 371429 dated 28.01.2011 for Rs. 1,52,078/ - drawn on State Bank of India, Delhi University Branch, Delhi -110007. On account of dishonour of the cheque upon presentation for insufficient funds, after issuance of the statutory notice dated 22.02.2011 and waiting for the statutory period, the complaint was preferred.
Upon being summoned, the accused took the defence while making his statement under Section 313 Cr PC that he had entered into a Hire Purchase Agreement (HPA) with respect to a second hand RTV with the complainant and had not obtained any personal loan from the complainant. The accused claimed that while executing the HPA, the signatures were obtained on certain blank/stamp papers and 12 blank signed cheques were also obtained from him. The accused claimed that the parties had agreed that the vehicle in question would be transferred in the name of the accused. However, despite repeated requests, the complainant had failed to do so and, consequently, the accused stopped payment. Thereafter the vehicle was also re -possessed by the complainant.

(3.)THE accused examined himself as DW -1 and exhibited several documents, which are as follows:
i) Payment receipts - Ex. DW -1/1 to DW -1/9

ii) Fitness certificate of RTV - DW -1/10

iii) Copy of insurance certificate - DW -1/11

iv) PUCC certificate - DW -1/12

v) Registration certificate of RTV - DW -1/13

vi) Fine receipt for challan of RTV - DW -1/14

vii) Letters issued by the complainant - Ex.DW -1/16 & DW -1/17