RAMESH SHARMA Vs. AMINA CHAUHAN

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 18/7/2013, passed by the learned Judicial Magistrate, First Class, Nahan, District Sirmour, H.P. (learned Trial Court), 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 (N I Act). (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 NI Act. It was asserted that the complainant and the accused had cordial relations. The complainant advanced an amount of 57,000/- to the accused on his request, and the accused promised to return the amount within 20 days. She issued a cheque of 57,000/- in the complainant's favour to discharge her liability. The complainant presented the cheque before the bank, but it was dishonoured with an endorsement 'insufficient funds'. The complainant told the accused about this fact, and she promised to return the amount, but she failed to do so. The complainant served a notice upon the accused asking her to repay the amount within 15 days of the receipt of the notice. The notice was returned with the endorsement 'unclaimed'. Hence, the complaint was filed before the Court for taking action against the accused 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 her for the commission of an offence punishable under Sec. 138 of the NI Act, to which she pleaded not guilty and claimed to be tried.