REGENT COMPUTRONICS PVT. LTD.

KUSUM SHARMA Appellant

V/S

KAMLA DEVI Respondents

Referred Judgements :-

NARESH VERMA VS. NARINDER CHAUHAN [REFERRED TO]
SUMETI VIJ VS. PARAMOUNT TECH FAB INDUSTRIES [REFERRED TO]
STATE OF GUJARAT VS. DILIPSINH KISHORSINH RAO [REFERRED TO]
STATE OF KERALA MANAGING DIRECTOR WESTERN INDIA PLYWOODS VS. PUTTUMANA ILLATH JATHAVEDAN NAMBOODIRI:PUTHUMANA ILLATH JATHAVEDAN NAMBOODIRI [REFERRED TO]
BHARAT BARREL AND DRUM MANUFACTURING COMPANY VS. AMIN CHAND PAYRELAL [REFERRED TO]
K BHASKARAN VS. SANKARAN VAIDHYAN BALAN [REFERRED TO]
HITEN P DALAL VS. BRATINDRANATH BANERJEE [REFERRED TO]
KRISHNA JANARDHAN BHAT VS. DATTATRAYA G HEGDE [REFERRED TO]
SOUTHERN SALES AND SERVICES VS. SAUERMILCH DESIGN AND HANDELS GMBH [REFERRED TO]
KUMAR EXPORTS VS. SHARMA CARPETS [REFERRED TO]
ARULVELU VS. STATE [REFERRED TO]
MANDVI CO OP BANK LTD VS. NIMESH B THAKORE [REFERRED TO]
RANGAPPA VS. SRI MOHAN [REFERRED TO]
R VIJAYAN VS. BABY [REFERRED TO]
AMIT KAPOOR VS. RAMESH CHANDER [REFERRED TO]
SANJAYSINH RAMRAO CHAVAN VS. DATTATRAY GULABRAO PHALKE [REFERRED TO]
KISHAN RAO VS. SHANKARGOUDA [REFERRED TO]
BIR SINGH VS. MUKESH KUMAR [REFERRED TO]
ROHITBHAI JIVANLAL PATEL VS. STATE OF GUJARAT AND ANOTHER [REFERRED TO]
BASALINGAPPA VS. MUDIBASAPPA [REFERRED TO]
UTTAM RAM VS. DEVINDER SINGH HUDAN [REFERRED TO]
APS FOREX SERVICES PVT. LTD. VS. SHAKTI INTERNATIONAL FASHION LINKERS [REFERRED TO]
M/S. KALAMANI TEX AND ANOTHER VS. P. BALASUBRAMANIAN [REFERRED TO]
TRIYAMBAK S. HEGDE VS. SRIPAD [REFERRED TO]
TEDHI SINGH VS. NARAYAN DASS MAHANT [REFERRED TO]
MALKEET SINGH GILL VS. STATE OF CHHATTISGARH [REFERRED TO]
RAJESH JAIN VS. AJAY SINGH [REFERRED TO]

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 28/7/2022, passed by learned Additional Sessions Judge, Sunder Nagar, District Mandi, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dtd. 31/3/2021, passed by learned Additional Chief Judicial, Court No.1, Sunder Nagar, 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 taking action for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (NI Act). It was alleged that the accused and complainant were known to each other. The accused borrowed Rs.1,50,000.00 from the complainant for her domestic needs. The complainant advanced the money to the accused. When the complainant demanded the money, the accused issued a post-dated cheque of Rs.1,50,000.00 drawn on State Bank of Patiala, Bhojpur, Tehsil Sundernagar, District Mandi, H.P. in favour of the complainant to discharge her legal liability. The complainant presented the cheque to her bank, Central Bank of India, Branch Sundernagarh, which sent it to the bank of the accused. However, the cheque was dishonoured with an endorsement 'insufficient funds'. The complainant served a notice upon the accused asking her to repay the amount within 15 days from the receipt of the notice. However, the accused failed to repay the money despite the receipt of the notice. Hence, the 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, 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.

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KUSUM SHARMA Vs. KAMLA DEVI

Referred Judgements :-

JUDGEMENT

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