Ashutosh Kumar, J.—The present leave to appeal is directed against the judgment and order dated 03.04.2012 passed by the Learned Additional Sessions Judge, Tis Hazari Courts, in Crl. A. No. 51/2011 whereby the judgment and order of conviction by the Trial Court namely, Metropolitan Magistrate, sentencing the Respondent no.1 to suffer Simple Imprisonment for 9 months and pay a sum of Rs. 15 Lacs as compensation to the complainant/petitioner and in default of such payment to undergo Simple Imprisonment for 3 months, has been reversed and the Respondent no.1 has been acquitted.

2. The dispute is between two real brothers over the issue of repayment of a loan which was given by the petitioner to the Respondent.

3. The facts of the case are as hereunder.

4. The petitioner advanced a loan of Rs. 5 Lacs to Respondent no.1 in the year 1991 for the purposes of helping him set up a business venture. The aforesaid loan was agreed to be repaid by the Respondent with interest at the rate of 12% p.a. accruing till the date of repayment. The Respondent issued a cheque on 20.04.1999 for an amount of Rs. 7,50,000/- in favour of the petitioner, payable at United Bank of India, Timarpur, Delhi t