(1.) The present revision is directed against the judgment dtd. 21/1/2025, passed by learned Sessions Judge, Sirmour, District at Nahan, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dtd. 27/8/2024, passed by learned Judicial Magistrate First Class Nahan, District Sirmour, H.P. (learned Trial Court) were upheld and the appeal filed by the petitioner (accused 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 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 complainant and the accused were acquainted with each other. The accused required money for raising construction of his house. He contacted the complainant in September 2020 and asked for financial help of Rs.4,50,000.00. He assured the complainant to repay the amount within two years on or before 15/9/2022. The complainant advanced a loan of Rs.4,50,000.00 to the accused. The accused handed over a post-dated cheque of Rs.4,50,000.00 to the complainant, drawn on Jogindra Central Cooperative Bank Ltd., Branch at Nauni, to discharge his legal liability. The complainant asked the accused to return the money, and the accused requested the complainant to present the cheque to the bank for its collection. The complainant presented the cheque to his bank, but the cheque was dishonoured with an endorsement 'funds insufficient'. The complainant served a notice upon the accused asking him to repay the money. The accused failed to repay 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.
(3.) The learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, 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.
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