M/S Mata Vaishno Finsec (P) Ltd. vs Shailender on 12 February, 2015

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+                                      Date of Decision: 12.02.2015

%                        CRL.L.P. 652/2014

      M/S MATA VAISHNO FINSEC (P) LTD
                                                              ..... Petitioner
                         Through:    Mr. Madhu         Sudhan     Bhayana,
                                     Advocate

                         Versus

      SHAILENDER
                                                            ..... Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J. (OPEN COURT)

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 CRL LP 652/2014 Page 1 of 10 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