VIKRAM SINGH Vs. RIDHI SIDHI TRADERS

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 11/1/2022 passed by learned Sessions Judge, Solan (learned Appellate Court) vide which, the judgment dtd. 3/5/2019 and order dtd. 16/5/2019 passed by learned Judicial Magistrate, First Class, Court No. II, Kasauli, (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 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 is carrying on the business of wholesale trading of daily need items and general order supplier of daily use, appliances etc. in the name of M/s. Ridhi Sidhi Traders at Parwanoo. Mohit Aggarwal is the sole proprietor of the concern. The accused appointed the complainant as a C&F agent in Himachal Pradesh and demanded Rs.15,00,000.00 as security. The complainant deposited the security through a cheque of Rs.5,00,000.00on 10/10/2014, a cheque of Rs.5,00,000.00 on 17/10/2014 and a cheque of Rs.13,00,000.00 on 12/11/2014. The complainant purchased the articles worth Rs.5,34,413.00. There was a slow sale of the material. The accused approached the complainant and requested him to return the material. The complainant returned the material worth Rs.3.00,52,247.00 on 28/4/2015 and 29/7/2015, respectively. Hence, the complainant was entitled to receive Rs.21,30,134.00. The accused issued a cheque of Rs.1,50,000.00 on 25/10/2015 in partial discharge of his liability. The complainant presented the cheque for encashment but the cheque was dishonoured with an endorsement of 'insufficient funds". The complainant served a notice upon the accused asking him to pay the amount within 15 days of the receipt of the notice but the money was not paid; hence, the complaint was filed against the accused.

(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. The accused pleaded not guilty and claimed to be tried.