VIKAS KAPOOR Vs. CHET RAM

JUDGEMENT

(1.) Complainant has assailed the impugned order of dismissal of his complaint on account of his non-appearance on 15/06/1993 passed under Section 256 of the Code of Criminal Procedure.

(2.) In order to appreciate the points involved for determination of this Court, it would be necessary to detail certain relevant facts.

(3.) Complainant had supplied goods to the accused. For consideration thereof, he had issued a cheque amounting to Rs. 8,500.00 on 30/04/1992 in the name of M/s. Vikas Rubber Industries, Mandi drawn on Himachal Gramin Bank, Nihri for full and final settlement thereof. The said cheque was bounced because of insufficiency of funds. Complainant issued a notice as, envisaged under Section 138 of the Negotiable Instruments Act, 1881, which remained unreplied. Ultimately, the abovesaid facts culminated into the filing of the present complaint.