JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 05.03.2011 passed by learned Judicial Magistrate, First Class (JMFC-III), Shimla, vide which the complaint of the appellant (complainant before the learned Trial Court) was dismissed. (The 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 appeal are that the complainant filed a complaint before the learned Trial Court for the commission of an offence punishable under Section 138 of the Negotiable Instruments (NI) Act. It was asserted that the accused handed over a cheque bearing no. 883400 dated 22.04.2003 to the complainant for Rs. 7,50,000/-drawn on UCO Bank, Tikkar in the discharge of his liability. The complainant sent the cheque for its collection to his bank. The complainant’s bank forwarded the cheque to the drawee bank. However, the cheque was dishonoured with the remarks ‘insufficient balance’. The complainant issued a notice to the accused through his counsel asking him to pay the amount within 15 days from the date of the receipt of the notice. The noti