SUBHASH CHAND Vs. MOHAN SINGH THAKUR

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 20/4/2018, passed by learned Sessions Judge, Kinnaur, Session Division at Rampur Bushahr Camp at Reckong Peo, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dtd. 24/6/2017 passed by learned Chief Judicial Magistrate Kinnaur, at Reckongpeo (learned Trial Court) were set aside and the accused was acquitted of the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (NI Act). (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 complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Sec. 138 of the NI Act. It was asserted that the complainant is an Agriculturalist and a Registered Government Contractor. Accused promised the complainant to get the contract work of construction in Tarni Hydro Pvt. Ltd in the year 2014. Accused demanded a sum of ?15,00,000/- from the complainant for this purpose. The complainant paid the amount to the accused in instalments. The accused failed to obtain the work. He issued two cheques i.e., one amounting to ?10,00,000/- and another amounting to ?5,00,000/- to return the amount. The complainant presented the cheque of ?10,00,000/- to his bank; however, the cheque was returned with the remark insufficient funds. The complainant served a notice upon the accused asking him to repay the amount within 15 days from the date of receipt of the notice. The notice was duly served upon the accused, but the accused failed to repay the money. Hence, the complaint was filed before the learned Trial Court to take action as per 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.