JUDGMENT

1. This judgment shall decide present petition under section 482 Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") for setting aside the order dated 02.07.2019 (hereinafter referred to as "the impugned order") passed by the Court of Additional Sessions Judge-05, West, Tis Hazari Courts, Delhi (hereinafter referred to as "the appellate court") in Criminal Appeal bearing no 103/2018 titled as Harkesh Chadha Vs. State & another whereby an application under section 391 of the Code filed by the appellant was dismissed.

2. The factual background necessary to mention for disposal of present petition is that the respondent no 2/complainant has filed a complaint under section 138 of the Negotiable Instruments Act, 1881 titled as Sanjay Dewan Vs. Harkesh Chadha bearing CC no 969/2016 on allegations that the petitioner hired services of the respondent No. 2 to provide food catering on 14.05.2006 on occasion of birthday of the son of the petitioner and the respondent no 2 raised a bill amounting to Rs.1,07,500/-. The petitioner issued a cheque bearing no 781861 dated 28.07.2006 amounting to Rs.1,00,000/- drawn on Punjab and Sind Bank, Rajouri Garden to dischar