PARSHOTAM LAL Vs. GULSHAN KUMAR UPPAL

JUDGEMENT

(1.) The petitioner has approached this Court challenging judgment dtd. 29/1/2020 passed by the learned Sessions Judge, Bamala, vide which the judgment of conviction and order of sentence rendered by the learned Additional Chief Judicial Magistrate, Barnala, holding the respondent herein guilty of having committed an offence under Sec. 138 of the Negotiable Instruments Act, has been set aside.

(2.) The petitioner had filed a complaint under Sec. 138 of the Negotiable Instruments Act against the respondent alleging therein that the petitioner is into the business of Karyana shop and also collects milk from the residents of Tapa and other adjoining areas and sells the same to the accused/respondent and that he had been doing the said business since the last about 4 months. It is alleged that on account of the milk sold by the petitioner to the respondent, the respondent had issued following three cheques dtd. 31/12/2012 for a total amount of Rs.13.00 lakhs:

(3.) The petitioner has further alleged that the aforesaid cheques dtd. 31/12/2012 on presentation were dishonoured and even though a requisite notice in this regard was also issued to the respondent, but no payment in respect of the said dishonoured cheques was made.