NAVEEN KUMAR CHANDEL Vs. DEEPAK

JUDGEMENT

(1.) The applicant has filed the present application for seeking leave to appeal against the judgment dtd. 31/5/2025 passed by learned Judicial Magistrate First Class, Manali, District Kullu, H.P. (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (NI Act). (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 for the commission of an offence punishable under Sec. 138 of the NI Act. It was asserted that the accused had borrowed 5,00,000/- from the complainant for his personal needs. He issued a cheque drawn on HDFC Bank , Manali to discharge his liability. The bank dishonoured the cheque with the endorsement 'drawer's signatures not as per mandate'. The complainant served a notice upon the accused asking him to repay the amount. The notice was duly served upon the accused, but he failed to repay the money. Hence, the complaint was filed before the learned Trial Court for taking 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.