(1.) The present appeal is directed against the judgment dtd. 31/3/2011, passed by learned Judicial Magistrate First Class, Court No. IV, Una, District Una, H.P., vide which the complaint filed by the appellant (complainant before the learned Trial Court) was dismissed and the respondent (accused before the learned Trial Court) was acquitted (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
(2.) Briefly stated, the facts giving rise to the present appeal are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 and Sec. 420 of IPC. It was asserted that the father of the complainant is suffering from paralysis. He sold his vehicle i.e. Tata Sumo bearing registration no. HP-20A-4196 to Surinder Singh for consideration of ' 2,10,000/-in April, 2005. Surinder Singh paid a sum of ' 70,000/-in cash and got his vehicle financed for ' 1,40,000/-with M/s Chadha Associates through its Proprietor Suddhir Nischal, the present accused. The accused paid a sum of ' 1,10,000/-through cheque. He also issued a cheque for '46,000/-(Rupees 40,000/-Principal + Rupees 6000/-interest) bearing Cheque No. 352713, dtd. 20/8/2005 of Oriental Bank of Commerce, Una in favour of the complainant. The complainant deposited the cheque for collection with his banker. However, the cheque was dishonoured vide memo dtd. 5/9/2005 with an endorsement "Insufficient Funds". The complainant served a legal notice dtd. 15/9/2005, upon the accused, which was received by him on 16/9/2005. The notice was issued to the accused to make the payment within 15 days from the date of its receipt. However, the accused failed to pay the amount. Hence, the complaint was filed to take action against the accused.
(3.) The learned Trial Court recorded the preliminary evidence and found sufficient reasons to summon the accused. When the accused appeared before the learned Trial Court, a notice of accusation was put to him for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act. The accused pleaded not guilty and claimed to be tried.
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