ASHOK KUMAR Vs. PARVEEN KUMAR

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 1/11/2018 passed by the learned Additional Sessions Judge-I, Kangra at Dharamshala, vide which the appeal filed by the revisionist (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 revision are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (in short 'NI Act'). It was asserted that the complainant and the accused had good relations with each other. The accused approached the complainant on 4/1/2007 and demanded Rs.1,00,000.00for some business with an assurance to return the same after a few months. The accused returned the amount of Rs.50,000.00 on 4/1/2007. He again borrowed a sum of Rs.1,00,000.00 on 3/5/2007 and assured to return the same together with the earlier amount. The accused returned Rs.30,000.00 on 2/12/2007. He again borrowed Rs.1,00,000.00 and returned Rs.3,000.00. Thus, he is liable to pay Rs.2,17,000.00 to the complainant. The complainant asked the accused to return the amount of Rs.2,17,000.00. The accused issued a cheque on 3/3/2008 for a sum of Rs.2,17,000.00 drawn on his Bank-State Bank of Patiala, Nagrota Bagwan. The complainant presented the cheque before his Bank, namely, Himachal Gramin Bank, Nurpur on 18/3/2008 from where it was sent to the bank of the accused; however, the cheque was returned with an endorsement of 'funds insufficient'. The complainant issued a notice to the accused asking him to pay the amount but the accused failed to do so. Hence, the complainant filed a complaint against the accused.

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