PUSHPA DEVI THAPA Vs. USHA GOEL

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 27/9/2024, passed by learned Additional Sessions Judge, CBI Court, Shimla (learned Appellate Court), vide which the judgment of conviction and order of sentence dtd. 1/7/2024, passed by learned Judicial Magistrate First Class, Court No.3, Shimla, 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 asserted that the complainant is the sole proprietor of M/s Mahaluxmi Jewellers, Lower Bazaar, Shimla. The accused purchased jewellery worth Rs.5,51,913.00 from the complainant vide Voucher No. 5816, dtd. 15/4/2015.

(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.