SURINDER KUMAR Vs. PRITAM CHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 21/3/2013 passed by learned Judicial Magistrate, First Class (II), Kasauli, District Solan (learned Trial Court), vide which the complaint filed by the appellant (complainant before the learned Trial Court) for the commission of an offence punishable under Sec. 138 of Negotiable Instruments Act (for short "N.I. Act") 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 for the commission of an offence punishable under Sec. 138 of the NI Act. It was asserted that the accused had approached the complainant in June 2010 to seek financial assistance of Rs.50,000..00 He promised to repay the amount within one month. Complainant advanced money to the accused, who issued a cheque of Rs.50,000.00 to repay the amount. The complainant presented the cheque before his Bank, but it was dishonoured with an endorsement 'insufficient funds'. The complainant sent a legal notice to the accused asking him to pay the amount within 15 days of the receipt of the notice. The accused refused to receive the notice, and it was deemed to be served upon the accused. The accused failed to repay the money to the complainant. Hence, the complainant filed a complaint before the learned Trial Court for taking action as per the law.

(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 N.I. Act, to which the accused pleaded not guilty and claimed to be tried.