LACHHMAN DASS Vs. SUKHDEV SHARMA

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant-complainant (hereinafter referred to as the complainant) under Sec. 378 of Criminal Procedure Code (for short 'Cr.P.C.') against judgment dtd. 19/2/2020, passed by learned Judicial Magistrate 1st Class, Court No.2, Nalagarh, District Solan, H.P., in Criminal Complaint No.187/3 of 2014, whereby the accused (respondent herein) was acquitted of the charge framed under Sec. 138 of the Negotiable Instruments Act (for short, 'the NI Act').

(2.) Briefly stated the facts of the case, as emerge from the record, are that the complainant supplied fuel wood of worth Rs.2,70,000.00 to the accused, who was running a brick Klin. The accused paid a sum of Rs.85,000.00 to the complainant as part payment and had issued cheque bearing No.009716, dtd. 3/12/2013, amounting to Rs.1,00,000.00 in favour of the complainant in order to discharge his legal liability and for the remaining amount of Rs.85,000.00, he had promised to pay the same within a week. When the said cheque was presented for encashment by the complainant with his banker, it was dishonored on account of 'Insufficient Funds' in the bank account of the accused. Thereafter, the complainant issued a legal notice dtd. 30/1/2013 to the accused demanding the cheque amount, however, the said notice was neither replied nor any payment was made to the complainant. Subsequently, the complainant filed a complaint against the accused before the learned trial Court.

(3.) The learned trial Court after having found sufficient material against the accused had put notice of accusation to him, vide order dtd. 12/8/2015 and on conclusion of trial, the learned trial Court acquitted the accused for the commission of the offence under Sec. 138 of the NI Act, hence, the present appeal by the complainant.