Delhi District Court Hon'Ble Supreme Court Of India In Matter ... vs . Palapetty Mohd. & on 24 August, 2023 IN THE COURT OF METROPOLITAN MAGISTRATE04, NEW DELHI PATIALA HOUSE COURTS, NEW DELHI Presided by: Paras Dalal, D.J.S. Ct. Cases No. 143/1/2012 23388/2016 Kushan Rana v. M/s. R.L. Verma and Sons U/S : 138 Negotiable Instruments Act, 1882 P.S. Barakhamba Road Cr.C No. 143/1/2012 23388/2016 Date of Institution 07.03.2011 Complainant Kushal Infraproject Industries (I) Ltd. Office At 209, 2nd Floor, 16A, Uday Plaza Uday Park, Delhi110049 Name, parentage & address of the accused M/s. R.L. Verma & Sons (HUF) no.1 A123, New Friends Colony, New Delhi110065 Name, parentage & address of the accused Sh. R.L. Verma no.2 A123, New Friends Colony, New Delhi110065 Name, parentage & address of the accused Sh. Dhruv Verma no.3 A123, New Friends Colony, New Delhi110065 Name, parentage & address of the accused Ms. Aruna Verma no.4 A123, New Friends Colony, New Delhi110065 Offence complained off 138 Negotiable Instruments Act, 1881 Plea of Accused Not Guilty Final Order Accused no.1, 3 and 4 acquitted Accused no.2 proceedings abated Date of Judgment 24.08.2023 JUDGMENT BRIEF STATEMENT OF THE REASONS FOR DECISION : 1. Vide this judgment, this Court shall disposeoff complaint for offence Ct Cases No. 143/1/2012 23388 of 2016 Pages 1 of 18 punishable under Section 138 of The Negotiable Instruments Act, 1881 filed by the complainant M/s. Kushal Infraproject Industries India Ltd. against the accused no.1 Hindu Undivided Family Business and its members/ accused no.2 to 4. It is alleged in the complaint that accused towards discharge of admitted liability executed the cheque in question of a sum of Rs.25,00,000/ (Rupees Twenty Five Lakhs only) dated 22.12.2010. The said cheque on presentation was dishonoured for the reason "Funds Insufficient" vide bank return memo dated 07.01.2011 and thereafter a demand notice was sent by the complainant on 27.01.2011 which was duly received. However, the accused failed to make any payment even after receipt of the legal demand notice and therefore, the present complaint. 2. It is hereby clarified that the present complainant is connected with Ct Cases No. 20429/2016 pending before this Court. Both the matters were tried together on an application by the complainant himself and both the parties stated that both the complaints relate to same transaction, were identical and even the evidence led were common. PRESUMMONING EVIDENCE & NOTICE 3. Presummoning evidence was led by the complainant side and after hearing complainant side, accused person was summoned for offence punishable under Section 138 of The Negotiable Instruments Act, 1881. Complainant relied on documents are per the following table S. No. Exhibit Description 1. Ex.CW1/1 Evidence by way of Affidavit of Kushal K. Rana, Director of M/s. Kushal Infraproject Industries (I) Ltd. 2. Ex.CW1/A Complaint under Section 138 NI Act 3. Ex.CW1/B Cheque bearing no. 200338 of Rs.25,00,000/ drawn on Axis Bank, Statesman House, New Delhi dated 22.12.2010 4. Ex.CW1/C Cheque return advice dated 07.01.2011 Ct Cases No. 143/1/2012 23388 of 2016 Pages 2 of 18 5. Ex.CW1/D Notice of demand dated 27.01.2011 6. Ex.CW1/E1 to E9 Courier and postal receipts 7. Ex.CW1/F1 to F9 Tracking reports 4. After appearance of accused, it was ensured that copy of complaint has been supplied. Notice was put to accused wherein accused denied having issued the cheque in question or having even signed the cheque in question. Considering the plea of defence at the notice stage and oral submission, the accused was given an opportunity to cross examine the complainant. COMPLAINANT EVIDENCE 5.