Chander Bhusan Barowalia, J.

The present appeal is maintained by the appellant, under Section 378 of the Code of Criminal Procedure, for quashing and setting aside the impugned order dated 23.12.2015, passed by the Court of learned Judicial Magistrate 1st Class, Court No.III, Mandi, District Mandi, (H.P), in Criminal Complaint No.196/2015.

2. The key facts, giving rise to the present appeal are that the appellant/complainant (hereinafter referred to as the ‘complainant’) maintained the complaint, under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘Act’) against the respondent/accused (hereinafter referred to as the ‘accused’). As per the complainant, on 10.10.2014, complainant presented a cheque, bearing No.159566, dated 17.9.2014, amounting Rs.1,00,000/-, drawn on State Bank of India, Branch Pandoh, District Mandi, H.P. The said cheque was presented and the same was dishonoured by the accused’s banker, vide memo, dated 10.10.2014 for the reason “Funds Insufficient”. Thereafter, the complainant served the accused through registered notice and demanded the cheque amount, which was duly served upon the accused, but the accused had neither re