LAXMAN DASS Vs. ROOP CHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 15/7/2014, passed by learned Additional Sessions Judge-I, Shimla Camp at Rohru, District Shimla, H.P. (learned Appellate Court) vide which the judgment of conviction and order of sentence dtd. 28/8/2010 passed by learned Judicial Magistrate F rst Class, Jubbal, (learned Trial Court) were set aside. (The 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 for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (in short, 'NI Act'). It was asserted that the parties had a good relationship with each other. The accused issued a cheque of Rs.3,50,000.00 in favour of the complainant to discharge his long-standing liabilities. The complainant presented the cheque to .P. State Cooperative Bank Ltd. Jubbal, District Shimla, H.P., however, the cheque was dishonoured with an end rsement 'insufficient funds'. The complainant issued a legal notice to the accused asking him to repay the amo nt within 15 days from the receipt of the notice. The accused sent a reply stating that nothing was payable to the complainant as the debt was barred by limitation. Hence, a complaint was filed before the Court for taking action against the accused 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.