TULE RAM Vs. RAMNEEK SINGH

JUDGEMENT

(1.) The petitioner has filed the present petition against the judgment passed by learned Additional Sessions Judge, Kullu (learned Appellate Court), vide which the appeal filed by the petitioner (accused before the learned Trial Court) was dismissed and the judgment of conviction dtd. 16/11/2022 and order of sentence dtd. 18/11/2022, passed by learned Judicial Magistrate First Class, Manali (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 against the accused 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 had good terms with each other. The accused borrowed a sum of ?2.00 lacs in July 2008 from him to meet his domestic and business needs. The accused issued a cheque of ?2.00 lacs to return the amount. The complainant deposited the cheque in his account but the cheque was dishonoured with an endorsement of "funds insufficient". The complainant served a notice upon the accused asking him to pay the amount but he failed to do so. Hence, the complaint was filed before the learned Trial Court to take action against the accused as per the law.

(3.) Learned Trial Court found sufficient reasons 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 the NI Act. He pleaded not guilty and claimed to be tried.