1. Complaint Case No. : 1109/10 2. Name of the complainant : M/s. Srinath Ji Chit Fund Company (Regd.), 105, First Floor, Royal Plaza, Gujrawala Town, Part I, Delhi 3. Name of the accused and his : Sh. D.K. Singh parentage and residence S/o Sh. B.P. Singh, R/o G­22/120, Sector­7, Rohini, Delhi 4. Offence complained of or proved: U/s 138 of the Negotiable Instrument Act, 1881 5. Plea of the accused : Pleaded not guilty 6. Final Order : Accused acquitted 7. Date of Order : 14.09.2011 2 CC No. 1109/10 BRIEF FACTS OF THE CASE 1. The brief facts of the case are that the Complainant is a Partnership firm and is duly registered with the Registrar of Chit Fund and having its registered office at Delhi. Mr. Rohit Arora is one of the partners of the Complainant company and he is duly authorized to to sign, verify and institute the present complaint against the accused on behalf of the complainant company. 2. It is stated in the complaint that the accused D.K. Singh become a member of Ticket No. 04 of Chit No. SN­31 for value of Rs. 60,000/­ and he had to pay Rs.2000/­ per month including dividend on monthly basis for 30 months or till the chit is over. However, the accused failed to do so and the complainant company issued a notice dated 20.10.2010 to the accused as well as his guarantor for making the payment. Thereafter, the accused issued a cheque bearing no. 107795 dated 15.05.2001 drawn on Oriental Bank of Commerce, E.C., DAV. M.S.S. School, Pitampura, Delhi­110034 for an amount of Rs.26000/­ i.e. Ex.CW1/4 and when the said cheque was presented for encashment, the same was returned back with remark 'insufficient funds' vide return memos dated 17.05.2001 i.e., Ex. CW1/5. A legal demand notice which is Ex. CW1/7 dated 30.05.2001 was sent by the complainant company through its lawyer vide registered AD and UPC postal receipts dated 30.05.2001 i.e. Ex.CW1/9 & Ex.CW1/8 and that the accused 3 CC No. 1109/10 failed to make the payment within the statutory period of 15 days and hence this criminal complaint was filed by the complainant. 3. Upon service of summons, the accused put his appearance and was admitted to bail on 23.10.2003. Notice was framed against the accused person on 16.03.2005 to which they pleaded not guilty and claimed trial. EVIDENCE 4. To support its case, the complainant company examined one witnesses­ Mr. Rohit Arora, AR of the Complainant company as CW1 on 06.10.2007 and thereafter on 12.03.2008. 5. CW1 tendered his evidence by way of affidavit and reiterated the contents of the complaint and relied upon the documents filed. In his examination in chief on 06.10.2007 CW1 admitted that the originals of Ex.CW1/1 to CW/14 have not been placed on record and only photocopies of the same are furnished. He also admitted that no registration certificate issued by the Registrar dealing with the Chit Fund Company has been placed on record. CW1 also stated that neither the chit agreement executed between the accused and the complainant firm nor the balance sheet with respect to the accounts of the accused have been placed on record. CW1 also stated that he personally dealt with the members of the complainant firm and that the accounts of the members were maintained by him