JUDGMENT

Anoop Kumar Mendiratta, J. Appeal under Section 378 Cr.PC has been preferred on behalf of the appellant for setting aside order dated 25.02.2021 passed by the learned MM, Central District, Tis Hazari in Naresh Chand Jain Vs. M/s Zasfa Packaging, whereby the cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as `the said Act') was declined and the complaint was held to be not maintainable.

2. In brief, as per the case of the appellant, a cheque bearing No. 140118 dated 15.03.2020 for an amount of Rs.8,85,600/- was issued by the accused/respondent No. 2 as part liability outstanding against the arrears of rent in favour of the appellant. The cheque was deposited on 15.03.2020 by the appellant in his bank account maintained in State Bank of India, which was returned unpaid with the remarks `PAYMENT STOPPED BY DRAWER' as per the cheque return memo dated 17.03.2020. The legal notice was sent by the complainant/appellant to the accused/respondent on 20.10.2020 and complaint was thereafter filed on 10.11.2020 under Section 138 of the said Act before the learned MM, Central District, Tis Hazari. It is claimed by the appella