NITU SINGH Vs. BABLI DEVI

JUDGEMENT

(1.) The applicant/appellant (complainant before the learned Trial Court) has filed the present application for seeking special leave to appeal against the judgment dtd. 1/4/2025 passed by learned Additional Sessions Judge-III, Kangra at Dharamshala, Distt. Kangra, H.P. (learned Appellate Court) vide which the appeal filed by the respondent (accused before the learned Trial Court) was allowed and the judgment of conviction dtd. 31/7/2024 and order of sentence dtd. 27/8/2024 passed by learned Judicial Magistrate, First Class, Court No.1, Dharamshala, District Kangra (learned Trial Court) were set aside. (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 application are that the complainant filed a complaint before the learned Trial Court for taking action against the accused under Sec. 138 of the Negotiable Instruments Act, 1881 (NI Act). It was asserted that the accused and complainant knew each other. The accused owned Rs.3,05,000.00 which she had taken for constructing her residential house. The complainant demanded the money, and the accused issued three cheques drawn at Punjab National Bank, Dharamshala to discharge her liability. The complainant presented the cheques for realisation, but they were dishonoured with an endorsement 'insufficient funds'. The complainant served a notice upon the accused demanding the repayment of money, which was duly served upon the accused, but the accused failed to repay the amount.

(3.) 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.