NARINDER SINGH Vs. RAJESH SHARMA

JUDGEMENT

(1.) Cr.Mp(M) No.59 of 2018

(2.) Briefly stated facts, as emerged from the record are that the respondent (hereinafter referred to as the complainant), filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) in the Court of learned Additional Chief Judicial Magistrate, Court No.2, Shimla, District Shimla, H.P., alleging therein that accused had requested him to provide financial assistance of Rs. 3, 00,000/- and promised to return the same within a period of six months. Accused with a view to discharge his liability, issued a cheque bearing No.452974, dated 16.08.2013, amounting to Rs. 3,00,000/- in favour of the complainant, drawn at State Bank of India, New Shimla, District Shimla, H.P., however fact remains that on presentation, cheque issued by the accused was dishonoured on account of "insufficient funds" in the account of the accused. Since, the accused failed to make the payment good despite opportunity having been afforded by the complainant by way of legal notice, complainant was compelled to initiate proceedings under Section 138 of the Act, in the competent Court of law.

(3.) Subsequently, learned trial Court on the basis of the evidence adduced on record by the respective parties, came to the conclusion that the present petitioner-accused is guilty of having committed the offence punishable under Section 138 of the Act, and accordingly convicted and sentenced him, as per the description already given supra.