NAGINDER PAL Vs. MOHINDER SINGH VERMA

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 3/7/2024, passed by learned Sessions Judge, Mandi, District Mandi, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dtd. 7/12/2023 passed by learned Judicial Magistrate, First Class, Chachiot at Gohar, District Mandi, H.P. (learned Trial Court) were upheld and the appeal filed by the petitioner (accused before the learned Trial Court) was dismissed. (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 (NI Act). It was asserted that the complainant and the accused were well known to each other. The complainant is a Government Contractor working under the name and style of Monal Construction Pvt. Ltd. The accused purchased steel shuttering worth Rs.6,50,000.00 from the complainant in August, September and October 2018. The accused issued three cheques worth Rs.6,46,000.00 to discharge his liability. The complainant presented the cheque to his bank, but the cheques were dishonoured with the endorsement 'insufficient funds'. The complainant issued a legal notice to the accused asking him to repay the amount, but it was returned with the report that the addressee was not at home. The accused failed to repay the amount despite the deemed service of notice. Hence, the complaint was filed before the learned Trial Court for taking action as per law.

(3.) The 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, to which he pleaded