Hon’ble Ramesh Sinha, J.—Heard Sri Vikas Sharma, Advocate, holding brief of Sri Dharmendra Singhal, learned counsel for the revisionist, Sri Anil Srivastava, learned counsel for opposite party No. 2 and learned AGA for the State.

2. This Criminal Revision has been preferred against the judgment and order dated 21.3.2003, passed by the Additional Sessions Judge, Court No. 14, Aligarh in Criminal Revision No. 720 of 2003 (Ramesh Chander v. Hem Garg), whereby the Lower Revisional Court discharged the accused opposite party No. 2 for offence under Section 406 I.P.C.

3. Brief facts of the case is that the revisionist Ms. Hem Garg had a brother Sri H.C. Agarwal, who died in an accident. Before his death the accused Ramesh Chander Saxena had given him a cheque of Rs. 50,000/- on 21.6.1995. This payment was made to the complainants’ brother in lieu of the money taken by the accused as loan. The said cheque was not presented to the Bank on the request of the accused himself as he had no sufficient funds. Before the Cheque could be presented to the Bank, the revisionist’s brother Sri H.C. Agarwal died in a road accident. After two years, revisionist gave a notice on 3.9.1997 through