SUREKHA DEVI Vs. SHAKTI

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 11/1/2024, passed by learned Sessions Judge, Una, District Una, H.P. (learned Appellate Court) vide which the judgment of conviction dtd. 28/7/2023 and order of sentence dtd. 31/7/2023 passed by learned Additional Chief Judicial Magistrate, Court No.1, Una, District Una, HP. (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 against the accused 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 relationship between the par ies was cordial. The accused demanded Rs.8,00,000.00 f om the complainant; however, the complainant was unable to lend Rs.8,00,000.00, and she advanced Rs.5,00,000.00 to the accused after repeated requests. The accused again borrowed Rs.5,00,000.00 after one month from the complainant. Accused issued cheque of Rs.5,00,000.00 on 31/12/2020 to disc arge her liability. The complainant presented the cheque to her bank, but it was dishonoured with the endorsement "insufficient funds". The complainant informed the accused about the dishonour of the cheque, and she promised to arrange the money. She asked the complainant to present the cheque again. The complainant presented the cheque of Rs.5,00,000.00 on 2. 03.2021, but it was dishonoured with endorsement "insufficient funds". The complainant served a legal notice upon the accused asking her to repay the amount within 15 days of the receipt of the notice. The accused failed to repay the amount 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 her for the c mmission of an offence punishable under Sec. 138 of he NI Act, to which she pleaded not guilty and claimed to be t ied.