DINESH Vs. SUBHASH CHAND

JUDGEMENT

(1.) The instant appeal stand directed, against, the verdict rendered by the learned Chief Judicial Magistrate, Lahaul Spiti, at Kullu, in criminal case No. 142-1 of 2011, whereunder, she returned findings of acquittal, upon, the accused in respect of charges framed, under, Sec. 138 of the Negotiable Instruments Act.

(2.) Briefly stated the case of the complainant is that he is an agriculturist. The accused is a businessman, dealing in sale and purchase of green vegetables/seed/potatos, fruits etc. carrying this business in the name and style of M/s Shree Balaji Fruit Co., Fruit and Vegetable Supplies & Commissioner Agents in shop No. 30, Sabji Mandi, Marketing Yard Bhunter, District Kullu. In the course of his business, he purchases and procures business goods from the growers in the districts Kullu and Lahaul & Spiti. In the beginning of Sept., 2010, he came to the agricultural fields and home of the complainant and asked him to sell his crop of seed potatoes to him for Rs. 650.00 per katta (weighing about 50 kg) and to send and consign the same either to him at his Bhunter address or to such other person as recommended by him. The complainant accepted his offer. Thereafter the complainant and one Shadi Lal sent and consigned 155 gunny bags weighing 50 kg each and 1791 gunny bags weighing about 90 kg each by way of consignment w.e.f. 16.9.2010 to 30.9.2010. The accused made payments of various amounts to the complainant towards part payment for the seed potatoes and after adjusting the said amount a sum of Rs. 3,46,000 was payable by the accused towards the complainant. He therefore, in discharge of said liability issued cheque dated 24.11.2010, bearing TPX 876991 drawn on the saving bank account No. 2216000100012876 drawn on Punjab National Bank, Jari Tehsil and District Kullu, amounting to Rs. 1,66,000 Ext. C-1, in partial discharge of the liability of Rs. 3,46,000.00 The aforesaid cheque, on presentation for encashment, was dishonoured, for "stop payment". The complainant requested the accused to make payment, but to no avail. Ultimately, on 22.2.2011, the complainants issued legal notice Ext. C-4 through registered post as well as UPC calling upon him to make payment of cheque amount. The accused however, instead of making of payment of the cheque amount, gave false reply, through his counsel.

(3.) The complainant led preliminary evidence, before the learned trial Magistrate, and, thereafter the accused was directed to be summoned, for, his committing, an, offence punishable under Sec. 138 of the Act. After securing the presence of accused, the learned trial Magistrate, put, notice of accusation, under, Sec. 138 of the Negotiable Instrument Act, vis-visthe accused, whereto he pleaded not guilty and claimed trial.