Delhi District Court Sandeep Panwar vs Devender Kumar on 14 August, 2018 1 IN THE COURT OF MS PRABH DEEP KAUR : METROPOLITAN MAGISTRATE 02 : SOUTH : SAKET COURT : NEW DELHI SANDEEP PANWAR VS DEVENDER KUMAR CC No. 467761/2016, 467762/2016, 468637/2016 & 468638/2016 U/S 138 NEGOTIABLE INSTRUMENTS ACT JUDGMENT (1) Serial number of the case : 467761/2016, 467762/16, 468637/16 & 468638/2016 (2) Name of the complainant : Sandeep Panwar S/o Sh Tejpal Singh Panwar R/o 161A, Gautam Nagar, Gujjar Dairy, Delhi110049 (3) Name of the accused, : Devender Kumar parentage & address S/o Sh Om Prakash R/o H.No. C2, Hakikat Nagar, Double Storey, Quarters2, N P Parishad, PS Sadar Bazar, Saharanpur247001, UP Also At : H.No. 26/2660, Vivek Vihar, Near Sehgal Nursing Home, Saharanpur247001, UP (4) Offence complained of or proved : 138 Negotiable Instruments Act, 1881 (5) Plea of the accused : Pleaded not guilty (6) Final Order : CONVICTED (7) Date of Institution : 05/04/2013 (CC No. 467762/16) 09/04/2013 (CC No. 467761/16) 31/07/2013 (CC No. 468637/16) 17/08/2013 (CC No. 468638/16) Sandeep Panwar vs Devender Kumar CC No. 467761/2016 CC No. 467762/2016 CC No. 468637/2016 CC No. 468638/2016 Page 1 of 17 2 (8) Date on which reserved for judgment : 31/07/2018 (9) Date of Judgment : 14/08/2018 Admittedly, complainant has filed four complaints against the same accused and the facts & evidence in all the four complaints are related to each other and therefore, for the sake of convenience, all the four complaint cases are being decided vide one composite judgment. BRIEF STATEMENT OF THE REASONS FOR THE DECISION 1. The brief facts of these complaint cases as carved out from the complaint are that accused borrowed a loan of Rs36 lacs from the complainant, through the brother of complainant for investment in land at Savita Vihar Colony, Tapri, Saharanpur, UP and also assured that the land shall be in the name of complainant. The loan amount of Rs36 lacs was paid by the complainant to the accused time to time since May 2012 but the accused neither purchased the land in the name of the complainant nor returned the amount. After repeated requests, accused compromised the matter with the complainant and receipt dated 14.10.2012 was executed in presence of witnesses Pawan Kumar Panwar s/o Sh Gajraj Singh, Arvind Kumar s/o Sh Narender Singh and Pradeep Kumar s/o Sh Rati Ram. In furtherance of the said receipt, accused issued seven PDCs ie cheque bearing nos. 733946 dated 30.03.2013 for Rs36 lacs, 733947 dated 25.10.2012 for Rs1.80 lacs, 733943 dated 25.11.2012 for Rs90,000/, 733949 dated 25.12.2012 for Rs90,000/, 733950 dated 25.01.2013 for Rs90,000/, 733941 dated 25.02.2013 for Rs90,000/ and 733952 dated 25.03.2013 for Sandeep Panwar vs Devender Kumar CC No. 467761/2016 CC No. 467762/2016 CC No. 468637/2016 CC No. 468638/2016 Page 2 of 17 3 Rs90,000/. Out of these cheques, cheque bearing no. 733947 dated 25.10.2012 for a sum of Rs.1,80,000/ drawn on Corporation Bank, branch Saharanpur, UP in favour of the complainant, on presentation got dishonoured with endorsement "Funds Insufficient" vide memos dated 16.11.2012 & 19.01.2013. Thereafter, on 08.02.2013, complainant sent a legal not