(1.) The present revision is directed against the judgment dtd. 13/2/2025, passed by learned Additional Sessions Judge (I), Solan, District Solan, H.P. (learned Appellate Court), vide which the judgment dtd. 8/3/2022 of conviction and order of sentence dtd. 16/3/2022, passed by learned Judicial Magistrate First Class, Court No.1, Solan, 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 revision 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 Negotiable Instruments Act (NI Act). It was alleged that the accused is known to the complainant. The complainant was having family relations with the accused and his wife. The accused requested the complainant for the friendly loan for investment of money in property. The complainant paid Rs.31,00,000.00 to the accused, out of which an amount of Rs.29,27,500.00 was paid through different cheques, and the remaining amount was paid through cash. The accused assured to return the money to the complainant after some months. He issued the following post-dated cheques, all drawn at State Bank of India, Solan, Branch, in favour of the complainant.
(3.) The complainant presented the cheque bearing 826782 dtd. 23/1/2019 drawn on State Bank of India, Solan Branch amounting to Rs.2,00,000,.00 however, the same was dishonoured with an endorsement "insufficient balance". The complainant issued a legal notice to the accused asking him to pay the amount. This notice was issued on 23/3/2019, posted on 1/4/2019, and served upon the accused on 3/4/2019. The accused failed to pay the money despite the receipt of the notice of demand. Hence, the complaint was filed before the learned Trial Court to take action as per law.
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