DINESH KUMAR Vs. SANJEEV KUMAR VERMA

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 7/8/2023, passed by learned Additional Chief Judicial Magistrate, Theog, District Shimla (learned Trial Court) vide which, the complaint filed by the appellant (complainant 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 appeal 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 (in short 'NI Act'). It was asserted that the complainant has an apple orchard. The accused used to purchase apples from various growers on a contract basis. The accused purchased an apple crop from the complainant in August 2015 for Rs.15,00,000.00. The accused paid Rs.1,00,000.00 in cash and promised to pay Rs.14,00,000.00 after the sale of the apple crop in the market. The accused failed to pay the amount. The complainant demanded money from the accused and the accused issued three cheques for Rs.3,00,000.00, 5,00,000/- and 6,00,000/- drawn on SBI, Khadapathar in favour of the complainant. The complainant presented the cheques before his Bank but these were dishonoured with an endorsement of 'insufficient funds'. The complainant issued a notice asking the accused to pay the amount of Rs.14,00,000.00. This notice was duly served upon the accused, however, the accused failed to pay the amount despite the receipt of a valid notice of demand; hence, the complaint was filed before the learned Trial Court for the Neutral Citation No. ( 2025:HHC:18360 ) commission of an offence punishable under Sec. 138 of NI Act.

(3.) The 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.