ASHOK KUMAR Vs. MATHIA RAM

JUDGEMENT

(1.) The appellant is the complainant, who aggrieved by the order of acquittal passed by the learned Judicial Magistrate Ist Class, Rajgarh (Camp at Sarhan) District Sirmaur, H.P. on 28.09.2018 in a complaint under Section 138 of the Negotiable Instruments Act (for short the 'Act'), has filed the instant appeal.

(2.) Taking into consideration the nature of the order I propose to pass, it is not necessary to delve into the facts in detail save and except that in the complaint filed by the appellant it was averred that the complainant had to recover Rs.50,000/? (Rupees Fifty Thousand) from the respondent/accused and in order to discharge his liability, the respondent/accused had issued a cheque, which was dishonoured for 'insufficient funds'. The complainant sent legal notice on 29.09.2015, however, despite service thereof, the respondent/accused failed to repay the cheque amount, constraining the complainant to file the complaint under Section 138 of the Act.

(3.) On the basis of preliminary evidence led by the complainant, the respondent/accused was summoned and claimed trial by pleading not guilty.