SHARMA SHUTTERING STORE Vs. RAKESH CHAUHAH.

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 22/6/2022 passed by learned Additional Chief Judicial Magistrate, Court No.1, Shimla, District Shimla, H.P. (learned Trial Court) vide which the complaint filed by the appellant (complainant before the learned Trial court ) for the commission of an offence punishable under Sec. 138 of Negotiable Instruments Act (for short"N.I.Act") was dismissed. (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 for the commission of an offence punishable under Sec. 138 of N.I. Act. It was asserted that the accused has a business transaction with the complainant. He approached the complainant and took shuttering material on rent from him. The accused issued a cheque of 5,00,000/- towards the part payment of rent and the cost of material not returned by him. The complainant presented the cheque before his Bank Himachal Pradesh Cooperative Bank, Khalini, District Shimla, H.P. but it was dishonoured with the remarks "insufficient funds". The complainant sent a legal notice asking the accused to pay the amount within 15 days from the date of receipt of the notice. The notice was served upon the accused but he failed to pay the amount. Hence, the complaint was filed against the accused.

(3.) The learned Trial court summoned the accused. When the accused appeared, a notice of accusation was put to him for the commission of an offence punishable under Sec. 138 of N.I. Act. The accused pleaded not guilty and claimed to be tried.