ASHWANI KUMAR Vs. SAPNA DEVI

JUDGEMENT

(1.) The present revision is directed against the judgment dt. 4/9/2025 passed by learned Additional Sessions Judge-II, Kangra at Dharamshala, District Kangra, H.P. (learned Appellate Court) vide which the judgment of conviction and order of sentence dt. 12/11/2024 passed by learned Additional Chief Judicial Magistrate Court no. 1, Kangra, District Kangra (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 the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (NI Act). It was asserted that the complainant had paid ?5 lakhs by cheque and ?2,00,000/- in cash to the accused on 12th April 2019 to purchase the land at Palampur. The accused visited the complainant's house on 19th August 2019 and asked for ?4,70,000/-, which the complainant paid after withdrawing it from her bank account. The accused failed to sell the land to the complainant. The complainant demanded ? 11,70,000/- paid by her to the accused. The accused returned ?20,000/- in January 2021 and issued a cheque of ?11,50,000/- (Ex. CW1/B) to discharge his legal liability. The complainant presented the cheque to her bank, but it was returned with an endorsement ‘insufficient funds’ (Ex. CW1/C). The complainant served a legal notice (Ex. CW1/D) upon the accused, asking him to repay the amount. The notice was duly served upon the accused, but he failed to repay the amount. Hence, a complaint was filed before the learned Trial Court.

(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 Section 138 of the NI Act, to which he pleaded not guilty and claimed to be tried.