DALEL SINGH PATIAL Vs. SARWANS KAUR CHOPRA

JUDGEMENT

(1.) The petitioner has filed the present petition against the judgment dtd. 5/7/2013 passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur (learned Appellate Court) vide which the judgment of conviction dtd. 2/3/2010 and order of sentence dtd. 3/3/2010 passed by learned Judicial Magistrate, First Class Court No.1 Ghumarwin (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 petition are that the complainant filed a complaint against the accused before the learned Trial Court or the commission of an offence punishable under Secti n 138 of the Negotiable Instruments Act (in short, 'NI Ac'). It was asserted that the complainant is running a b siness of a petrol pump in the name and style of M/s Sai Filling Station at VPO Naswal, Tehsil Ghumarwin, District Bilaspur, H.P. The accused is a contractor. He purchased the diesel from the complainant's Petrol pump for his vehicles w.e.f. 7/10/2006 to 29/1/2007. He made the part payments for the diesel purchased by him. An amount of Rs.6,16,310.00 was calculated as outstanding with interest till 31/1/2007. The accused issued a cheque for Rs.6,16,310.00 drawn on Punjab National Bank in favour of the complainant to discharge his legal liability. The complainant presented the cheque to the bank, but it was dishonoured with an endorsement 'insufficient funds". The complainant sent a notice to the accused, asking him to pay the amount within 15 days of the receipt of the notice of demand. The notice was duly served upon the accused, but the accused failed to pay the amount; hence, the complaint was filed to take 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 t ied.