DEVINDER SINGH Vs. SHRI BHUPESH

JUDGEMENT

(1.) By way of this appeal, the appellant herein has challenged judgment dtd. 23/8/2019 passed by the Court of learned Chief Judicial Magistrate, Kullu, District Kullu, H.P. vide which, a complaint filed by the present petitioner under Sec. 138 of the Negotiable Instruments Act has been dismissed by the learned Trial Court primarily holding that as the cheque in issue was in the name of Sh. Krishna Trading Company, therefore, in terms of the provisions of Sec. 141 of the Negotiable Instruments Act, in the absence of the company having been impleaded as a party-accused, the complaint was not maintainable. Learned Trial Court has also further held that it appeared that complainant had given an amount to the accused without obtaining receipt and it was highly improbably that any prudent person would hand over such a huge amount without receipt and without preparing any document and therefore also, the complaint against the accused was not maintainable as the complainant had failed to prove that accused had any liability towards him.

(2.) I have heard learned Counsel for the parties and gone through the record of the case as well as the judgment under challenge.

(3.) Brief facts necessary for the adjudication of this appeal are as under:- Proceedings stood initiated by the petitionercomplainant against the respondent-accused under Sec. 138 of the Negotiable Instruments Act on the ground that the complainant and accused were well known to each other and were having friendly terms. The accused owed an amount of '4.5 lac to the complainant, and in order to discharge his liability, accused issued/handed over the cheque, subject matter of the complaint, to the complainant, dtd. 3/12/2012. Upon presentation to the bank for encashment, the cheque was dishonoured by the bank on the ground of 'insufficient funds'. Thereafter, a statutory notice was issued by the complainant to the accused, calling upon him to make good the payment but as the same was not done within the statutory period, this led to filing of the complaint.