YOG RAJ Vs. DOLU

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 30/11/2023, passed by learned Judicial Magistrate, First Class, Tissa District Chamba (learned Trial Court) vide which the complaint filed by the appellant (complainant before the learned Trial Court) for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (for short N.I.Act) 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 N.I.Act. It was asserted that the accused approached the complainant to supply the labour to complete the work of the electricity line from Rajera- Bharmour- Holi Road. The complainant completed the work worth ?3,57,000/- within the stipulated time as per agreement with the help of 30-35 labourers. He sent the bills to the accused. The accused issued a cheque of ?3,57,000/- drawn at HPGB, Karain District Chamba, H.P. for the work executed by the complainant. The complainant presented the cheque before his bank Punjab National Bank, Tissa District Chamba, HP but it was dishonoured with the remarks "Funds Insufficient'. The complainant served a notice upon the accused asking him to pay the amount within 15 days from the date of the receipt of the notice. The accused failed to pay the amount despite the receipt of the notice. Hence, the complaint was filed before the Court.

(3.) The learned Trial Court found sufficient reasons to proceed against 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 N.I.Act. The accused pleaded not guilty and claimed to be tried.