RAKESH AWASTHI Vs. RITESH SHARMA

JUDGEMENT

(1.) Petitioner Rakesh Awasthi has filed the present petition, under Sec. 482 of the Code of Criminal Procedure, (hereinafter referred to as 'the Cr.P.C.') read with Sec. 147 of the Negotiable Instruments Act, 1881, (hereinafter referred to as 'the N.I. Act') for following reliefs:

(2.) For the sake of convenience, the parties to the present petition, hereinafter, are referred to, in the same manner, in which, they were referred to, by the learned trial Court.

(3.) The complainant has filed a complaint before the Court of learned Judicial Magistrate First Class, Court No. 1, Palampur, District Kangra (hereinafter referred to as 'the trial Court') under Sec. 138 of the N.I. Act., against the accused on the basis of the fact that the accused had engaged the complainant as Medical Officer in DTIL Hospital, Baijnath, on monthly salary of Rs.15,000.00". Accused, in discharge of his liability, had issued a post dated cheque No. 309933, dtd. 12/4/2010, for a sum of Rs.45,000.00', drawn on Punjab National Bank, Baijnath. While handing over the cheque to the complainant, accused had assured that whenever, the same is presented to the Bank, the same will be honoured/encashed.