BIMLA DEVI Vs. HARISH RANA

JUDGEMENT

(1.) The instant appeal is directed against the impugned verdict pronounced by the learned Chief Judicial Magistrate, Una, District Una, H.P. whereby he acquitted the accused for the charge framed against him for his committing an offence. punishable under Sections 138 of the Negotiable Instruments Act, 1881.

(2.) The brief facts of the case are that a complaint was filed by the complainant against the accused for his committing an offence under Sec. 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as the Act). In sequel thereto the learned Chief Judicial Magistrate upon recording preliminary evidence adduced thereupon, there before by the complainant took cognizance upon the complaint also he charged the accused for his committing an offence punishable under Sec. 138 of the Negotiable Instruments Act. The accused pleaded not guilty and claimed trial.

(3.) In order to prove the charge, the complainant examined 3 witnesses. On closure of complainants' evidence, the statement of the accused under Sec. 313 of the Code of Criminal Procedure was recorded in which he pleaded innocence and claimed false implication. He chose to lead evidence in defence.