LOK NATH SHARMA Vs. SURENDER SONI

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 28.11.2005 rendered by the Judicial Magistrate 1st Class, Theog, District Shimla in case No. 224-1 of 2003.

(2.) "Key facts" necessary for the adjudication of this appeal are that appellant filed a complaint under section 138 of the Negotiable Instrument Act with the allegations that he was running a clinic at Baghi. Respondent was under liability to pay a sum of Rs. 1,30,000.00 to him as an advance taken by him for purchasing the medicine etc. The respondent, as such, in order to discharge the liability issued a cheque dated 1.6.2003 for a sum of Rs. 1,30,000.00 drawn at Central Bank of India Branch at Bangana, District Una. The complainant submitted the cheque to his banker, namely, UCO Bank branch at Baghi, Tehsil Kotkhai for its collection from the banker of the accused, but the complainant on 28.8.2003 received a letter along with memorandum from UCO Bank Baghi showing that the cheque has been dishonoured. Complainant issued a legal notice on 11.9.2003 to the accused and demanded the amount of cheque within 15 days from the date of receipt of notice. However, despite receiving the notice accused has not paid the amount of cheque, as such, a complaint was filed by the complainant.

(3.) Process was issued to the respondent. Notice of accusation was framed against the respondent. Learned Judicial Magistrate 1st Class, Theog dismissed the complaint on 28.11.2005. Hence, the present appeal.