VIKAS VERMA Vs. ASHUTOSH SONI

JUDGEMENT

(1.) The petitioner has filed the present petition against the judgment dtd. 21/5/2022, passed by learned Additional Sessions Judge-II, Una, District Una, H.P. (learned First Appellate Court), vide which the appeal filed by the petitioner (appellant before the learned First Appellate Court) was dismissed and the judgment of conviction and order of sentence dtd. 30/11/2019, passed by learned Judicial Magistrate, First Class, Court No. II, Una, District Una (learned Trial Court) were upheld. (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 before the learned Trial Court for the commission of an offence punishable under Ss. 138 of the Negotiable Instruments Act(for short N.I. Act).It was asserted that the complainant intended to purchase a light motor vehicle to run it as a taxi. The accused visited the complainant's village in January 2014 to attend the marriage of the complainant's cousin. The complainant expressed his desire to purchase a vehicle, to which the accused assured him to do the needful. The accused asked the complainant to arrange an amount of Rs.3,30,000.00. The complainant handed over this amount to the accused on 23/3/2014 in the presence of Sunita and Rakesh Verma. The accused failed to purchase the vehicle as assured by him. The complainant asked the accused to purchase the vehicle or to return the amount. The accused issued a cheque of Rs.3,30,000.00 drawn on UCO Bank Dulehra, Tehsil Haroli, District Una, H.P. in the discharge of his legal liability. The complainant presented the cheque before his bank but it was dishonoured with the endorsement "funds insufficient". The complainant served a notice upon the accused asking him to pay the amount within 15 days from the receipt of the notice; however, the accused failed to do so. Hence, the complaint was filed to take action against the accused.

(3.) The learned Trial Court found sufficient reason to summon 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 N.I. Act to which the accused pleaded not guilty and claimed to be tried.