SHAKUN HOLDING PVT LTD Vs. UMA DUTT

JUDGEMENT

(1.) Judgment dated 13.03.2007 passed by learned Additional Sessions Judge (Presiding Officer, Fast Track Court), Solan in a case No.10 FT/10 of 2006 is under challenge in this appeal. The appellant is the complainant. He is aggrieved by the reversal of the judgment passed by learned Chief Judicial Magistrate, Solan in complain No. 131/3 of 2001 whereby the respondent herein (accused) was convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for six months and also to pay Rs. 15,000/- as fine.

(2.) Learned Lower Appellate Court has, however, quashed the judgment passed by the trial Court and has acquitted the accused of the accusation put to him under Section 138 of the Act.

(3.) The challenge to the impugned judgment is on the grounds inter alia that in view of the evidence oral as well as documentary produced to establish the service of the legal notice Ext. C-4 upon the accused, the findings to the contrary are erroneous hence not legally sustainable. The accused allegedly was in the knowledge of the fact that the notice Ext. C-4 was received on his behalf by his father, Mathu Ram. The own admission of the accused that he has received the notice sent to him under certificate of posting is erroneously ignored.