(1.) The petitioner has filed the present petition against the judgment dtd. 3/9/2024 passed by the learned Sessions Judge, Mandi (learned Appellate Court), vide which the judgment of conviction and order of sentence dtd. 30/4/2024 passed by learned Judicial Magistrate, First Class, Chachiot, at Gohar, District Mandi, (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 petition are that the complainant filed a complaint before the learned Trial Court 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 a body corporate engaged in banking activities. The complainant has its branches throughout India, and one such branch is located at Badhu, Tehsil Chachiot, District Mandi, H.P. The accused approached the complainant for a loan. The complainant sanctioned a loan of Rs.9,00,000.00in favour of the accused. The accused defaulted in the payment of the loan amount, and he issued a cheque of Rs.9,39,675.00 to discharge his legal liability. The complainant presented the cheque for realisation, but it was dishonoured with an endorsement 'funds insufficient'. The complainant issued a notice to the accused, asking him to pay the money within 15 days of receiving the notice. This notice was returned undelivered and is deemed to be served. The accused failed to pay the amount despite the deemed receipt of the notice of demand; hence, a complaint was filed to take action against the accused.
(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 not guilty and claimed to be tried.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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