SANJAY SANKHYAN Vs. KRISHAN KUMAR KATOCH

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 21/10/2011, passed by learned Judicial Magistrate First Class (JMFC) III, Shimla, 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 for the commission of an offence punishable under Sec. 138 of the NI Act. It was asserted that the accused borrowed Rs.52,000.00 from the complainant in June 2006 for his personal needs. The accused issued a post-dated cheque (Ex.CW-1/A) in the discharge of his legal liability. The complainant presented the cheque before his bank; however, it was returned with the endorsement 'exceeds arrangement'. The complainant served a notice (Ex.CW-1/C) upon the accused; however, the accused failed to pay the amount despite the receipt of the notice. Hence, the complaint was filed for taking action against the accused as per the law.

(3.) Learned Trial Court found sufficient reasons to summon the accused for the commission of an offence punishable under Sec. 138 of the NI Act. When the accused appeared, a notice of accusation was put to him. The accused pleaded not guilty and claimed to be tried.