BHUPESH KUMAR Vs. JAMAL NASIR

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 7/9/2012, passed by learned Chief Judicial Magistrate, Sirmour District at Nahan, H.P. (learned trial Court) vide which the respondent (accused before learned trial Court) was acquitted of the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (NI Act). (The 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 is running a petrol pump in the name and style of Sirmaur Filling Station at Kala Amb. The accused had purchased diesel from the complainant's petrol of pump on a credit basis. He issued a cheque of Rs.1,00,000.00 to repay part of the amount to the complainant. The complainant rt presented the cheque at the bank, but it was dishonoured with the endorsement insufficient funds. Hence, the complainant filed a complaint against the accused before the learned Chief Judicial Magistrate, Nahan. The accused issued another cheque of Rs.1,50,000.00 towards the remaining payment of the diesel purchased by him. The complainant presented the cheque to his bank, but it was dishonoured with an endorsement 'funds insufficient'. The complainant sent a legal notice to the accused, asking him to repay the money within 15 days of the receipt of the notice. The notice was duly served upon the accused, but the accused failed to repay the money. Hence, the complaint was filed 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 the NI Act, to which he pleaded not guilty and claimed trial.