RAJ KUMAR Vs. DOOR SINGH

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 2/7/2014 passed by the learned Special Judicial Magistrate, Kullu (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 (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 petition 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 were well-known to each other. The complainant was running a business of a fruit and Vegetable commission agent at shop No.5 in the name of Inner Seraj Fruit Company at Village Damothi, Tehsil Banjar, District Kullu. He used to supply fruit packing material to fruit growers, etc. The accused had purchased Apple cartons worth 45,000/- from the complainant in the fruit season of 2010. He issued a cheque of 45,000/- in favour of the complainant to repay the amount. The complainant presented the cheque to the bank on 12/11/2010, but it was dishonoured with an endorsement "funds insufficient". The complainant issued a notice to the accused on 19/11/2010, asking him to pay the amount within fifteen days of the receipt of the notice. This notice was returned with an endorsement "unclaimed", which is deemed service. The accused failed to repay the amount despite the receipt of the notice. Hence, the complaint was filed before the learned Trial Court against the accused for taking action as per the law.

(3.) Learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, 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.