KANWAR NEGI Vs. RAJESH KUMAR

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 17/11/2023 passed by learned Sessions Judge, Shimla (learned Appellate Court) vide which, the judgment and order dtd. 14/2/2023 passed by learned Judicial Magistrate First Class (learned Trial Court) were affirmed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present revision are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (in short 'NI Act'). It was asserted that the accused deals in the purchase of apple produce. The accused purchased the standing crop of apples from the complainant's apple orchard in village Nuinal, PO Dhabas, Tehsil Chopal, District Shimla for a consideration of ?3,61,000/-. The accused paid ?2,11,000/- to the complainant in cash. When the complainant demanded the balance amount, the accused issued a cheque of ?1,50,000/- drawn on Punjab National Bank, Sarain. The complainant presented the cheque for encashment but it was dishonoured with an endorsement of 'insufficient funds". The complainant served a notice upon the accused asking him to pay the amount but no amount was paid; hence, the complaint was filed against the accused for taking action against him as per the law.

(3.) Learned Trial Court found sufficient reasons to summon the accused for the commission of an offence punishable under Sec. 138 of the NI Act. When the accused appeared, a notice of accusation was put to him for the commission of an offence punishable under Sec. 138 of the NI Act. He pleaded not guilty and claimed to be tried.