SOHAN LAL VINOD KUMAR Vs. RAJ KUMAR

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing and setting aside the order dtd. 7/4/2021, passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., in Criminal Revision No.31-10 of 2019, affirming the orders dtd. 16/4/2019 and 2/9/2019, passed by learned Judicial Magistrate 1st Class, Bilaspur, District Bilaspur, Himachal Pradesh, in case No.163-03 of 2017, whereby trial Court after having recorded the preliminary evidence of the respondent-complainant ( hereinafter referred to as the complainant) arrived at a conclusion that there is sufficient material to proceed against the accused for having committed the offence under Sec. 138 of the Negotiable Instruments Act (for short Act) and accordingly summoned him to the Court for 24/8/2018 and thereafter vide order dtd. 2/9/2019 put notice of accusation to him, to which he pleaded not guilty and claimed trial.

(2.) Precisely, the facts of the case as emerge from the record are that the respondent-complainant instituted a complaint under Sec. 138 of the Act in the Court of learned Judicial Magistrate 1st Class, Bilaspur, District Bilaspur, H.P., alleging therein that petitioner-accused with a view to discharge his lawful liability issued cheque bearing No.627312, dtd. 17/7/2017 for sum of Rs.1,33,300.00 drawn at Punjab National Bank, Branch Officer Talyana, District Bilaspur, Himachal Pradesh in his favour. However, fact remains that aforesaid cheque on its presentation was dishonoured on account of insufficient fund. Since accused despite having received legal notice served upon him by the complaint failed to make the payment good, complainant instituted the complaint under Sec. 138 of the Act against the accused in the competent court of law.

(3.) Having taken cognizance of the complaint and after recording preliminary evidence, learned court below vide order dtd. 16/4/2018 found sufficient grounds to proceed against the accused for his having committed offence punishable under Sec. 138 of the Act and accordingly summoned him for 24/8/2018. On 2/9/2019, learned court below put notice of accusation to the accused of his having committed offence under sec. 138 of the Act, to which he pleaded not guilty and claimed trial.