ASHUTOSH KUMAR , J.

1. 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