DAVINDER SINGH Vs. ASHA SHARMA

JUDGEMENT

(1.) Instant appeal under S. 378 CrPC, lays challenge to the judgment of acquittal dtd. 30/1/2010, recorded by learned Chief Judicial Magistrate, Kangra at Dharamshala, District Kangra, (HP) in Criminal Case No. 54-III/2007, whereby complaint having been filed by appellant/complainant (hereinafter, complainant), came to be dismissed.

(2.) Precisely, the facts of the case, as emerge from the record, are that the complainant instituted a complaint under S. 138 of the Negotiable Instruments Act, 1881 (hereinafter, "Act') against the respondent/accused (hereinafter, "accused') alleging therein that accused is running a shop of confectionery in the name and style of "Varun confectionery'. Complainant alleged that that accused borrowed a sum of Rs.3,55,000.00 from the complainant on 5/12/2005, for the marriage of her daughter and also for the purpose of business. Complainant further alleged that with a view to discharge her liability, accused issued cheque bearing No. 0101800, dtd. 15/9/2006 (Ext. CW-1/A) amounting to Rs.

(3.) ,55,000/-, payable at Bank of India, Branch, Dharamshala. However, the fact remains that the aforesaid cheque on its presentation, was dishonoured by the Bank concerned, on account of insufficient funds, vide memo Ext. CW-1/C, as such, complainant served accused with a legal notice dtd. 25/11/2006 (Ext. CW-1/D) to make good the payment within the time stipulated in the notice, but since she failed to make the payment despite having received the legal notice, complainant was compelled to institute proceedings under S. 138 of the Act in the competent Court of law. 3. Learned trial Court on the basis of pleadings and the evidence adduced on record by respective parties, dismissed the complaint having been filed by the complainant and acquitted the accused. Being aggrieved and dissatisfied with the judgment of acquittal recorded by learned trial Court, complainant preferred instant appeal praying therein for conviction of the accused, after setting aside judgment of acquittal recorded by learned court below.