PARAMOUNT TECH Vs. SUMETI VIJ

JUDGEMENT

(1.) The instant appeal stands directed, against, the verdict rendered by the learned Judicial Magistrate, 1st Class, upon, criminal complaint bearing No. 59/3 of 2010.

(2.) Briefly, the facts of the case are that the accused approached the complainant in its factory at Moginand, and expressed her desire to purchase, non-woven fabric from the complainant. On the basis of order placed by the accused, non-woven fabric was sold to the accused vide invoice No. 135 dated 16.10.2010 amounting to Rs. 5,10,000/-. The material was sent to the accused in truck No. HP-71- 0693 and after receiving by her, in lieu of which she issued a cheque bearing No. 323935 dated 1.11.2010, in favour of the complainant in order to discharge her liability. The complainant presented the cheque for encashment before State Bank of India, Branch, Kala Amb, but the same was dishonoured on the ground of insufficient funds in the account of the accused. The cheque was returned vide memo, dated 10.11.2010, from Punjab National Bank, Karnal. A legal notice dated 19.11.2010 was sent to the complainant on two addresses. The accused received the notice on one of the address, but failed to make the payment within stipulated period, and hence, the present complaint under Section 138 of the Negotiable Instrument Act, (hereinafter, referred to as, "the Act") was preferred by the complainant against the accused.

(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, Section 138 of the Act. After securing the presence of accused, the learned trial Magistrate, put, notice of accusation, vis- -vis the accused, for an offence, allegedly committed by her, under, Section 138 of the Negotiable Instrument Act, whereto, she pleaded not guilty, and, claimed trial.