PYAR SINGH Vs. MEENA KUMARI

JUDGEMENT

(1.) The appellant has filed the present appeal against the judgment dtd. 25/10/2024, passed by learned Chief Judicial Magistrate, Bilaspur, H.P. (learned Trial Court), vide which the complaint filed by the appellant (the complainant before the learned Trial Court) was dismissed. (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 read with Sec. 142 of the Negotiable Instruments Act (NI Act). It was asserted that the complainant and the accused were known to each other The accused borrowed Rs.12,00,000.00 for the purchase of a house and the land in the year 2014. The accused promised to return the money on or before October, 2015. She issued a cheque in the complainant's favour in November 2017 to discharge her liability. The complainant p esen ed the cheque, but it was dishonoured with the remarks 'funds insufficient'. The complainant served a n tice upon the accused asking her to repay the amount within 15 days of the receipt of the notice. The accused failed to repay the amount; hence, the complaint was filed before the learned Trial Court for taking action against the accused as per the law.

(3.) The learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, a notice of accusation was put to her for the commission of an offence punishable under Sec. 138 of the NI Act, to which she pleaded not guilty and claimed to be tried.