JUDGMENT

Vinod S. Bhardwaj, J. - The instant appeal has been preferred against the judgment dated 02.07.2013 passed by the Judicial Magistrate Ist Class, Gurugram, whereby respondent-accused has been acquitted of the notice of accusation served upon him.

2. The brief facts leading to the filing of the instant appeal are that the respondent-accused is alleged to have borrowed a sum of Rs.17,45,000/-from the appellant-complainant in the month of July 2010. In order to discharge the said legal liability, the respondent-accused is alleged to have issued a cheque bearing No.540695 dated 13.12.2010 amounting to Rs.17,45,000/- in favour of the appellant-complainant drawn at Punjab National Bank, New Delhi. Upon presentation of the said cheque by the appellant-complainant for encashment with his banker, the same was returned unpaid on 03.03.2011 with the endorsement 'refer to drawer'. Thereafter, a legal notice dated 17.03.2011 was sent through advocate, however, the same was returned with the endorsement 'receiver is not residing at this address.' It is contended that the legal notice was sent through registered post to the address of the respondent-accused as mentioned in the Driving Licen