Ashutosh Kumar, J.—The present leave to appeal is directed against the judgment and order dated 14.10.2015 passed by the learned Metropolitan Magistrate (NI Act) South-East District, Saket Courts Complex, New Delhi, in CC No.1244/E whereby the respondent has been acquitted of the charges of Section 138 of the Negotiable Instrument Act (hereinafter referred as NI Act) and the complaint of the leave petitioner has been dismissed.

2. The petitioner is said to have advanced a loan of Rs.2 lacs to the respondent on 03.12.2007 as the respondent had approached him for such loan in order to defray the expenses which were incurred while addressing personal needs. Four post-dated cheques of Rs.50,000/-each was allegedly given by the respondent. On presentation of one of the cheques namely cheque no.118492, the same was dishonoured with the remark that the ‘account has already been closed’. The return memo is dated 12.11.2009.

3. A legal notice was sent to the respondent.

4. A grievance has been raised that notice was not served upon the respondent.

5. However, when the respondent appeared, he was made to understand the charge against him, to which he pleaded not guilty and claimed trial.