KHEM SINGH Vs. NAZEER MOHD

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 12/8/2024 passed by learned Sessions Judge, Chamba, Distt. Chamba, H.P. (learned Appellate Court) vide which judgment of conviction dtd. 18/1/2024 passed by learned Judicial Magistrate, First Class, Tissa, District Chamba, H.P (learned Trial Court) was upheld, the order of sentence dtd. 19/1/2024 passed by the learned Trial Court was set- aside and the matter was remitted to the learned Trial Court for passing an appropriate sentence, and the order of sentence dtd. 15/1/2025 which was passed by the learned Trial Court after the remand. (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 revision 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, 1881 (In short, 'NI Act'). It was asserted that the accused had undertaken the construction work of the Jio Network Tower in District Chamba. The complainant supplied labour for the construction of the tower w.e.f. 23/2/2018 till 15/4/2018. He paid Rs.2,22,000.00 to the labourers. The accused paid Rs.72,000.00 in cash and issued a cheque of Rs.1,50,000.00 drawn at Punjab National Bank, Kasumpti, Shimla to reimburse the money paid by the complainant. The complainant presented the cheque to the bank, but it was dishonoured with an endorsement "insufficient funds". The complainant served a notice upon the accused, asking him to repay the amount to the complainant. Notice was duly served upon the accused, but he failed to repay the amount. Hence, a complaint was filed before the learned Trial Court for taking action as per law.

(3.) 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.