HIMACHALI DEVI Vs. JAI SINGH

JUDGEMENT

(1.) The present criminal appeal, under Section 378 of the Code of Criminal Procedure, is maintained by the appellant/complainant (hereinafter to be called as "the complainant") , against the order dated 28.8.2009, passed by learned Judicial Magistrate, Ist Class, Court No.2, Mandi, H.P. in Private Complaint No.226- I/2008/2007, whereby the complaint, under Section 138 of the Negotiable Instruments Act (hereinafter to be called as the "N.I. Act") filed by the complainant has been dismissed.

(2.) The key facts, giving rise to the present appeal are that the complainant filed a complaint against the respondent/accused (hereinafter to be called as "the respondent/accused") under Section 138 of the N.I. Act, wherein she alleged that the accused issued a post dated cheque bearing No.SFT114626, dated 15.6.2007 (Ex.CW1/A) of Rs.3, 00, 000/- to the complainant, which the complainant presented in Himachal Gramin Bank, Hatgarh Branch, Tehsil Sadar, District Mandi, H.P. and the banker of the complainant Himachal Gramin Bank, Hatgarh Branch sent the cheque for collection to Punjab National Bank Branch, Sundernagar, however, the same was returned unpaid on account of "payment stopped by the drawer" which intimation was given by Himachal Gramin Bank, Hatgarh Branch to the complainant on 20.6.2007. Thereafter, the complainant requested the accused telephonically with regard to dishonoring the cheque, but he/accused did not care at all and did not pay the amount. Thereafter, the complainant issued a notice, dated 206.2007 and the accused replied for the same. Though, no payment of amount covered by the cheque is made. Therefore, the complainant filed a complaint in the Court of learned Judicial Magistrate, Ist Class, Court No.2, Mandi, H.P. on 23.07.2007.

(3.) The learned Trial Court after recording the preliminary evidence, summoned the accused and directed to furnish personal and surety bonds, which he had furnished.