KAJAL Vs. MARWAH

JUDGEMENT

(1.) THE case of the appellant/complainant in nutshell is that the respondent/accused took several loans from her from time to time, the total amount of the loan given to him being Rs 10,40,000/ -. This is also the case of the complainant/appellant that the respondent/accused issued several cheques drawn on Canera Bank, Raja Garden, New Delhi towards payment of the aforesaid loan amount. The cheques, when presented to the bank, were dishonoured for want of payment. After serving statutory notice upon the respondent/accused, the appellant/complainant filed as many as nine complaints against the respondent/accused under Section 138 of Negotiable Instruments Act.

(2.) The Trial Court, having held that the respondent had issued the cheques in question in discharge of a debt or a liability and finding that the cheques were dishonoured when presented to the bank and the respondent/accused did not make payment of the cheque amount, despite receipt of legal notice, convicted him under Section 138 of Negotiable Instruments Act.

(3.) Being aggrieved from his conviction, the respondent/accused preferred appeals before the learned Additional Sessions Judge, who vide impugned order dated 27.04.2013 held that the existence of a legally enforceable debt or liability was doubtful and accordingly set aside the order passed by the Trial Court and acquitted the accused/respondent. Being aggrieved from the aforesaid order, the complainant is before this Court by way of the aforesaid appeals.