GIRISH THAKUR Vs. ABDUL GANI

JUDGEMENT

(1.) Complainant, who remained unsuccessful for prosecution, for the offence punishable under the Negotiable Instruments Act, 1881, for short "the Act", has occasioned this appeal against the judgment and order dated 21.12.2005, passed by the Additional Chief Judicial Magistrate, Chopal, District Shimla in a criminal case No. 3-1 of 2005, titled Sh. Girish Thakur versus Abdul Gani, whereby and whereunder, the complaint came to be dismissed, on the grounds taken in the memo of appeal, for short "the impugned judgment".

(2.) A brief survey of relevant facts, germane for consideration and disposal of this appeal is that the complainant/appellant filed a complaint before the Additional Chief Judicial Magistrate, Chopal, against the accused/respondent for the commission of an offence punishable under Section 138 of the Act, allegedly on the ground that the accused/respondent had requested the father of the complainant to provide vehicle to him on lease, which was agreed upon and an agreement to that effect was executed on 13.7.2004. The accused is stated to have failed to make the payments, as agreed upon. The vehicle unfortunately, is stated to have met with an accident, and a sum of Rs. 80,000/- was spent by the complainant on its repair. After settling the accounts, accused had to pay Rs. 1,70,000/- to the complainant and, according to accused/respondent, he issued cheque bearing No.480016 dated 20.5.2005, for the said amount. When the cheque was presented for encashment before the Bank, the same was stated to have dishonoured and returned with the remarks "insufficient funds". It is also alleged in the complaint that registered legal notice was issued and served upon the accused/respondent by the complainant on 1. 8. 2005, followed by another dasti notice dated 4.8.2005. Since the accused failed to satisfy the claim, the complainant was constrained to file complaint under the aforesaid provisions of the Act. The said complaint was registered as criminal case as aforesaid in the trial Court. The Trial Magistrate, after taking cognizance of the offence, issued process against the accused/respondent. He put in appearance and notice of accusation was put to him to which he pleaded not guilty and claimed trial.

(3.) The complainant, in order to prove his case, including himself, examined as many as four witnesses.