Judgment

Mr. Deepak Gupta, J.

Petitioner is aggrieved by the judgment dated 26.02.2016 passed in Criminal Appeal N: 62 of 2015 titled ‘Devender vs. Girraj Sharma’ by ld. Additional Sessions Judge, Faridabad, acquitting the respondent from the charges under Section 138 of the Negotiable Instruments Act, 1881 [for short ‘the NI Act’], by reversing the judgment of conviction, recorded in Complaint Case N: RBT 1429 of 2009 titled ‘Girraj Sharma vs. Devender’ by the Court of ld. Judicial Magistrate 1st Class.

2. In order to avoid confusion, parties shall be referred as per their status before the trial Court.

3. Perusal of the trial Court record reveals that complainant - Girraj Sharma (petitioner herein) sought prosecution of accused - Devender (respondent herein) under Section 138 of the NI Act, by filing the complaint in the Court of ld. JMIC, Faridabad, by alleging that accused had taken friendly loan of Rs.1,75,000/- in May 2009 for a period of one month, promising to refund the same along with interest @ 24% per month. In order to discharge his liability, accused issued account payee cheque No.344062 dated 10.06.2009 for an amount of Rs.1,75,000/- drawn on IDBI Bank Ltd. Sector 16,