SACHIN GUPTA Vs. PARAS RAM CHANDEL

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 28/8/2009 passed by learned CJM, Shimla vide which the complaint filed by the appellant (complainant before the learned Trial Court) 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 against the accused before the learned Trial Court for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (in short 'NI Act'). It was asserted that the complainant is running a business under the name and style of M/s Shakti Traders at 35/6 Anaj Mandi, Shimla. He is the sole proprietor of the concern. The accused issued a Cheque (Ext.CW1/A) in the discharge of his legal liability on 16/3/2006 for a sum of ?50,000/- drawn on State Bank of India, Deha Branch. The complainant presented the cheque before his banker M/s UCO Bank Shimla from where it was sent to the bank of the accused. The bank of the accused dishonoured the cheque with the remark 'insufficient funds' and issued a memo (Ext. CW1/C). The Bank of the complainant returned the cheque with the memo (Ext.CW1/C) vide its memo (Ex.CW1/B). The complainant issued a notice (Ext.CW1/D) to the accused asking him to pay the amount wit in 15 days of the receipt of the notice. The notice was returned undelivered with an endorsement that the addressee had gone to Ludhiana. The accused knew about the notice and procured a false endorsement on the registered letter. He failed to pay the amount despite the knowledge of the notice; hence, the complaint was filed to take action 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 the NI Act. The accused pleaded not guilty and claimed to be tried.