JUDGMENT :

1. Vide the present appeal, the appellant seeks directions thereby quashing and setting aside of the impugned order and judgment dated 23.08.2016 passed by the learned Metropolitan Magistrate, West Delhi in Complaint Case No. 19715/2016 titled as ‘Rahul Gupta vs. Gaurav Bhatia’ and consequently, direct the learned Metropolitan Magistrate to restore the same on merit.

2. Brief facts of the case are that respondent No. 2 had availed a friendly loan of Rs.13,50,000/- in the month of September, 2013 from the appellant and in discharge of his legal liability and to return the said amount, the respondent No.2 had issued a cheque bearing No. 311606 dated 10.02.2014 for a sum of Rs.13,50,000/- drawn on Andhra Pradesh Bank, Palam Vihar Branch, Gurgaon in favour of the appellant. However, the said cheque when presented by the appellant for encashment with his Banker – HDFC Bank Ltd, New Delhi, was returned dishonoured by bank of Respondent No.2 with the endorsement "Insufficient Funds" and the information regarding dishonour of cheque was received by the appellant by way of ‘cheque return memo’ dated 12.02.2014. Thereafter, appellant had also sent a legal notice dated 28.02.2014 to