BUDH DEV Vs. PARVEEN SHARMA

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 22/4/2009 passed by learned Judicial Magistrate, First Class, Court No.1, Amb, District Una, 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 of the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (NI Act). (Parties shall hereinafter be referred to in the same manner as they were arrayedbefore 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 the NI Act. It was asserted that the accused handed over a cheque bearing No.840242 dtd. 26/2/2006 for a sum of Rs.70,000.00 drawn on Kangra Central Cooperative Bank, Chintpurni to discharge her legal liability. The complainant presented the said cheque in his account for its realization. The complainant's bank sent it to the bank of the accused; however, the cheque was dishonoured with an endorsement of 'funds insufficient'. Amemo dtd. 1/3/2006. (Ext. CW1/B) was issued by the bank of the accused. The complainant's bank returned the cheque and the memo with its memo (Ext. CW1/C) to the complainant. The complainant issued a demand notice (Ext. CW1/D) asking the accused to pay the amount within 15 days from the date of the receipt of the notice. The notice was sent by registered A.D. and a postal receipt (Ext. CW1/F) was obtained. The notice was delivered to the accused and acknowledgement (Ext. CW1/E) was received by the complainant. The accused failed to pay the amount of the cheque; hence, a complaint was filed against the accused for taking action against her 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 her for the commission of an offence punishable under Sec. 138 of the NI Act. The accused pleaded not guilty and claimed to be tried.