RAJVIR SINGH Vs. SATINDER KUMAR

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 4/4/2012, passed by learned Judicial Magistrate First Class, Court No. III, District Shimla, H.P (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (in short "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 and the accused were known to each other. The accused borrowed 40,000/- from the complainant. The accused issued a cheque of 40,000/- dtd. 15/4/2011, drawn at Jammu and Kashmir Bank Ltd., The Mall, Shimla, in favour of the complainant to repay the amount. The complainant presented the cheque to his bank for its realisation. The complainant's bank sent the cheque to the bank of the accused, however, the bank of the accused dishonoured the cheque with the remarks "funds insufficient". 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 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.