VED PARKASH Vs. BABU RAM SHARMA

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 29/8/2016 passed by learned Sessions Judge, Sirmaur at Nahan, H.P. vide which the appeal filed by the petitioner (accused before the learned Trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were referred 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 Negotiable Instruments Act (NI Act). It was asserted that the complainant and the accused are brothers-in-law in relation. The accused required money to pay the loan from the H.P. State Cooperative Bank Branch at Rajgarh. The accused approached the complainant in September 2011 and demanded Rs.2,00,000.00 from the complainant for one year. The complainant advanced the loan. The accused issued a post- dated cheque No. 713405 (Ext. CW2/A) for a sum of Rs.2,00,000.00 drawn on HP State Cooperative Bank Habban Branch for discharging his legal liability. The complainant presented the cheque for collection before his bank namely HP State Co- operative Bank, Rajgarh. The cheque was sent to the bank of the accused. However, the bank of the accused dishonoured the cheque with the endorsement 'insufficient balance'. Memo (Ext. CW2/B) was issued by the bank of the accused. The cheque and the memo were returned to the complainant by the bank of the complainant with the memo (Ext. CW/1C). The complainant issued a legal notice (Ext. CW3/B), which was sent through registered post. Postal Receipt (Ext. CW3/C) was obtained. The accused failed to repay the amount despite the receipt of the notice. Hence, the complaint was filed before the Court.

(3.) Learned Trial Court found sufficient reasons for summoning 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.