KIRAN THAKUR Vs. KRISHAN LAL

JUDGEMENT

(1.) The present petition is directed against the order dtd. 11/9/2023, passed by learned Judicial Magistrate First Class (JMFC), Manali, District Kullu, H.P., (learned Trial Court) vide which the application filed by the respondent (accused before the learned Trial Court) under Sec. 311 of Cr.P.C. was allowed. (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 petition are that the complainant filed a complaint No. 135 of 2014 for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (NI Act) against the accused. Learned JMFC, Manali dismissed the complaint on 28/11/2018 after holding that the complainant is not the legally wedded wife of the deceased Shobha Ram and she was not entitled to file the complaint for the commission of an offence punishable under Sec. 138 of the NI Act. The complainant filed Criminal Appeal No. 38 of 2019 before this Court. This Court allowed the appeal and set aside the judgment passed by learned JMFC, Manali. The Court passed the following order:-

(3.) The accused approached the Hon'ble Supreme Court of India by filing an SLP (Crl.) No. 11018 of 2019; however, SLP was dismissed on 20/6/2022.