(1.) The present appeal is directed against the judgment dtd. 1/10/2016, passed by learned Judicial Magistrate First Class, Court No. 5 (JMFC), Shimla District Shimla, H.P., vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Sec. 138 of the Negotiable Instruments (NI) Act. (The 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 taking action under Sec. 138 of the NI Act. It was asserted that the complainant is running a cloth shop at Dhalli, Shimla. The accused required money and he approached the complainant with a request to lend him a sum of ?2.00 lacs for two months as a friendly loan for his personal use. The accused assured to return the amount after two months. The complainant handed over a sum of ?2.00 lacs to the accused in September 2014. The complainant asked the accused to make the payment in November 2014 as per the promise and the accused issued a cheque (Ex.CW-1/A) for a sum of ?2.00 lacs drawn on Punjab National Bank, DAV Senior Second Secondary School, Lakkar Bazar, Shimla. The complainant presented the cheque before his Bank, PNB Sanjauli, Shimla, but the cheque was dishonoured by the Bank of the accused vide memo (Ex.CW-1/B) with an endorsement of 'insufficient funds'. The complainant served a legal notice (Ex.CW-1/C) upon the accused through his counsel. This notice was sent through registered cover and a receipt (Ex.CW-1/D) was obtained. The accused failed to make the payment within 15 days mentioned in the notice. Hence, the complaint was filed against the accused for taking action as per the law.
(3.) Learned Trial Court found sufficient reasons to summon 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 the NI Act. The accused pleaded not guilty and claimed to be tried.
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