MANJU VAIDYA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 9/9/2024, passed by learned Sessions Judge, Mandi, District Mandi, H.P. (learned Appellate Court), vide which the judgment of conviction dtd. 29/11/2023 and order of sentence dtd. 8/5/2024, passed by learned Chief Judicial Magistrate, Mandi, District Mandi, H.P. (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 (NI Act). It was asserted that the complainant was running his business under the name and style of M/s Mega Star Prop, at Ram Nagar, Mandi Town, Tehsil Sadar, District Mandi, H.P. Smt. Vineeta Arora is its proprietor. The accused was known to the complainant, and she purchased food grains/Karyana items from the complainant, amounting to Rs.1,45,098.00. The accused issued a cheque of Rs.1,45,098.00 to discharge her legal liability. The complainant presented the cheque to her bank for realisation of the amount, but it was dishonoured with the endorsement "funds insufficient". The complainant issued a notice to the accused asking her to repay the amount within 15 days of the receipt of the notice. The notice was duly served upon the accused, but she failed to repay any money despite the receipt of the notice of demand. Hence, a complaint was filed before the learned Trial Court to take action against the accused as per the law.

(3.) The learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, a notice of accusation was put to her for the commission of an offence punishable under Sec. 138 of the NI Act, to which she pleaded not guilty and claimed to be tried.