1. Vide this Judgment, I shall decide the present complaint
filed under Section 138 of the Negotiable Instruments Act,
1881 by the complainant against the accused.
Factual Matrix
2. Briefly stated, the case of the complainant is that the
accused and the complainant had friendly relations and in
January, 2023, the accused approached the complainant for
a loan of Rs. 1,00,000/- citing urgent need. It is stated that
on 05.01.2023, the complainant gave to the accused, Rs.
1,00,000/- in cash as loan for two months only, upon
assurance that the same shall be returned thereafter.
3. The complainant asserts that after expiry of the stipulated
period, the accused failed to pay the said amount, and in
discharge of his liability of loan amount, the accused
issued a cheque bearing no.387741, dated 13.04.2023 for a
sum of Rs. 1,00,000/- drawn on State Bank of India,
Bhikaji Cama Place, New Delhi-110066. However, when
the said cheque was presented by the complainant to his
bank within the jurisdiction of this court, the same was
returned dishonored with remarks “Funds Insufficient”