ORDER :

By way of this appeal, the appellant herein has challenged judgment dated 23.08.2019 passed by the Court of learned Chief Judicial Magistrate, Kullu, District Kullu, H.P. vide which, a complaint filed by the present petitioner under Section 138 of the Negotiable Instruments Act has been dismissed by the learned Trial Court primarily holding that as the cheque in issue was in the name of Sh. Krishna Trading Company, therefore, in terms of the provisions of Section 141 of the Negotiable Instruments Act, in the absence of the company having been impleaded as a party-accused, the complaint was not maintainable. Learned Trial Court has also further held that it appeared that complainant had given an amount to the accused without obtaining receipt and it was highly improbably that any prudent person would hand over such a huge amount without receipt and without preparing any document and therefore also, the complaint against the accused was not maintainable as the complainant had failed to prove that accused had any liability towards him.

2. I have heard learned Counsel for the parties and gone through the record of the case as well as the judgment under challenge.

3. Brief facts ne