SWATI STOREWEL PRIVATE LIMITED Vs. ASHOK KUMAR

JUDGEMENT

(1.) Challenging the dismissal of complaint of the holder of the cheque i.e. M/s Swati Storewel Pvt. Ltd. has come up before this Court by filing appeal under Sec. 378 of CrPC against the judgment dtd. 25/7/2009, passed by learned Judicial Magistrate 1st Class, Kasauli, District Solan, H.P.

(2.) Cheque, Ext. CW1/B, issued for a sum of Rs.11.50 lacs dtd. 4/6/2003 in favour of Swati Storewel Pvt. Ltd did not honour for 'insufficient funds." This cheque was issued with the stamp "For Kisan Sewa Kendra", reflecting that the accountholder was Kisan Sewa Kendra and signed by one Ashok Kumar, accused/respondent, herein.

(3.) After dishonour of the cheque, the complainant got issued a legal notice, Ext. CW1/E, dtd. 12/7/2003 under Sec. 138 of the Negotiable Instruments Act (in short 'NI Act'). The accused did not respond to the same.