(1.) The present revision is directed against the judgment dtd. 27/8/2025 passed by learned Additional Sessions Judge II, Solan, District Solan, H.P. (learned Appellate Court) vide which the judgment of conviction dtd. 26/3/2024 and order of sentence dtd. 10/4/2024 passed by learned Judicial Magistrate, First Class, Court no. 1, Solan District Solan (learned Trial Court) were partly 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 asserted that the accused issued a cheque of Rs.5,00,000.00 to the complainant o discharge his liability. The complainant presented the cheque to the bank, but it was dishonoured with an end rsement 'funds insufficient'. The complainant served a legal notice upon the accused, asking him to pay the amount. The notice was duly served upon the accused, but he failed to repay the amount. Hence, a complaint was filed before the learned Trial Court.
(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 tried.
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