JUDGMENT :

The issue involved in this appeal is in a very narrow compass.

A complaint filed by the present appellant under Section 138 of the Negotiable Instruments Act stands dismissed by the learned Judicial Magistrate, 1st Class, Court No.3, Mandi, H.P., vide judgment 26.04.2010, passed in Criminal Complaint No.18-III/2006, titled as Gurbachan Singh Versus Kamli Devi, on the ground that as the cheque subject matter of the complaint stood issued as a ‘security cheque’, therefore, said cheque i.e. the security cheque did not attract the provisions of Section 138 of the Negotiable Instruments Act.

2. Brief facts, necessary for the adjudication of the present appeal are as under :-

As per the appellant/complainant, the respondent/accused took a loan of Rs.55,000/- from him and in lieu of the same, she handed over a cheque for an amount of Rs.55,000/-, drawn upon Punjab National Bank, Pandoh, Tehsil Sadar, Distti.Mandi, H.P., in his favour on 28.12.2005. The amount of Rs.55,000/- was borrowed in the 3rd week of October, 2005. It is further the case of the complainant that when said cheque was handed over for its collection to the bank concerned, the same was dishonoured on the ground of