HARPREET KAUR Vs. AKSHAT JAIN

JUDGEMENT

(1.) The applicant/appellant has filed the present application for seeking leave to appeal against the judgment dtd. 16/11/2024 passed by learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, HP (learned Trial Court). (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 appeal are that the appellant/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 (hereinafter referred to as NI Act). It was asserted that the complainant's husband and the accused knew each other. The accused demanded Rs.5,00,000.00as a loan from the complainant's husband, and he advanced the amount on 18/10/2021, through bank transfer. The accused agreed to repay the amount on demand. The complainant and her husband demanded the repayment of the amount, and the accused issued a cheque of 35,00,000/-, drawn on HDFC Bank, to return the amount. The complainant presented the cheque to the bank, but it was dishonoured with the remark 'funds insufficient'. The complainant served a notice upon the accused, but he failed to repay the amount. Hence, the complaint was filed before the learned Trial Court for taking action as per the law.

(3.) 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.