ASHWANI KUMAR Vs. RAJ KUMAR

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 16/10/2012, passed by learned Judicial Magistrate First Class, Court No. 2, Ghumarwin, District Bilaspur, H.P., vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act 1881 (NI Act).

(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 of complainant was a proprietor of M/s Baba Enterprises at Ghumarwin. The accused had friendly relations with the rt complainant. The accused came to the complainant four years before filing the complaint, demanding a family loan of Rs.80,000.00. He promised to repay the amount within one month.

(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.