SOHAN LAL Vs. JAGDISH KUMAR SHARMA

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 16/1/2025, passed by learned Additional Sessions Judge, Rohru, Camp at Theog, District Shimla, H.P. (learned Appellate Court) vide which the judgment of conviction dtd. 17/4/2023 and order of sentence dtd. 19/4/2023, passed by learned Additional Chief Judicial Magistrate, Theog, District Shimla, 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 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 (NI Act). It was asserted that the complainant and the accused were known to each other. The accused issued a cheque of Rs.2,50,000.00 in favour of the complainant to discharge his liability. The complainant presented the cheque in his bank account in Punjab National Bank, Branch at Theog, but it was dishonoured with the endorsement "funds insufficient." The complainant sent a notice to the accused on 21/6/2016 through registered post. The notice was served upon the accused, but he failed to repay the amount despite receiving the notice. Hence, a complaint was filed before the learned Trial Court to take action as per the law.

(3.) The learned Trial Court found sufficient reasons to summon the accused. When the accused appeared before the learned Trial Court, 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.