SHYAM LAL Vs. RAVINDER SINGH

JUDGEMENT

(1.) This petition has been filed against the judgment passed by learned Additional Sessions Judge, Fast Track Court, Solan in case No. 1FTC/10 of 2008 dated 19.6.2008 vide which, the appellate Court has allowed the appeal filed by the present respondent against the order of conviction passed by the Court of learned JMIC, Kandaghat, Camp at Solan, HP in Criminal Case No. 5/3 of 2007/2004 dated 5.12.2007 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as the 'Act').

(2.) Facts of the case in brief are that a complaint was filed by respondent alleging therein that he and accused were related to each other and accused deals in the business of timber and is also a forest contractor. The accused, who is also a forest contractor asked for money from the complainant for discharging his liabilities qua payments to be made to the labourers and also for the purpose of marriage of his daughter. On this count, the complainant on various dates advanced an amount of Rs. 2.50 lacs to the accused. Thereafter to discharge his liability, the accused issued a cheque dated 1.7.2003 in his favour for an amount of Rs. 2.50 lacs i.e. cheque No. 715854 drawn on State Bank of India, Solan Branch. When the complainant presented this cheque in bankers account, the same was dishonoured vide memo dated 8.9.2003 on the ground of 'insufficient funds'. Accordingly, the complainant issued a legal notice to the accused dated 12.9.2003 vide registered post as well as UPC. Though this notice was received by the accused, but he did not make any payment to him. Therefore, as he had committed an offence punishable under the Act, a complaint was filed.

(3.) Notice of accusation under Section 138 of the Act was put to the accused but he denied the same. Trial was held and thereafter the learned trial court vide its judgment dated 5.12.2007 found the accused guilty of offence under Section 138 of the Act.