P.C. SETHI Vs. PARSHOTAM LAL

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 15th January, 2007, passed by the Chief Judicial Magistrate, Solan, in Complaint No. 94/3 of 2000, titled as Shri P.C. Sethi (Parkash Chand Sethi) versus Parshotam Lal, under Section 138 of Negotiable Instruments Act, 1881, (for short "the Act"), whereby the complaint was dismissed, for short "the impugned judgment", on the grounds taken in the memo of appeal. Brief facts:

(2.) A complaint under Section 138 of the Act was presented before the Chief Judicial Magistrate, Solan, on 18th May, 2000, for drawing cognizance and issuing process against respondent-accused Shri Parshotam Lal, for commission of an offence punishable under Section 138 of the Act and his conviction and sentence, by the appellantcomplainant, on the ground that he had advanced a loan to the tune of Rs. 45,000/-, to the respondent-accused, who had promised to return the same by 15th March, 2000 and in discharge of his liability, the respondent-accused had issued a cheque dated 15th March, 2000, drawn at Union Bank of India, Solan. The aforesaid cheque was presented before the said bank, which was dishonoured, bounced and returned with the remark "insufficient funds."

(3.) It is averred in the complaint that legal notice was issued through registered post which was served upon the respondent-accused, but he had failed to satisfy the loan amount, constraining the appellant-complainant to file the complaint.