JUDGMENT

1. The present petitions are filed against the order dated 08.01.2019 (hereafter ‘impugned orders’) passed by the learned Metropolitan Magistrate, NI Act, Karkardooma Courts whereby notice under Section 251 of the Code of Criminal Procedure, 1973 (‘CrPC’) was framed against the petitioner in CC Nos. 47151/2016 and 47152/2016 under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’).

2. Complaint under Section 138 of the NI Act was filed by the respondent alleging that he had advanced a friendly loan for a sum of ₹2 crores on the assurance of the petitioner that the same would be returned after the expiry of 6 months. It is alleged that post the expiry of 6 months, despite numerous requests and demands, the petitioner failed to return the said amount. It is alleged that thereafter the petitioner issued a duly signed cheque dated 04.10.2007 for a sum of ₹2 crores in discharge of the debt, and had also allegedly assured that the same would be honored on presentation. It is alleged that the said cheque on presentation was returned back with the remark “Insufficient funds.” It is alleged that thereafter, a legal notice was sent, and upon the subsequent non-payment of