JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 14.07.2014 passed by learned Additional Chief Judicial Magistrate-II, Shimla, vide which the complaint filed by the appellant (complainant before learned Trial Court) was dismissed. (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 NI Act. It was asserted that the complainant is a resident of Shanti Bhawan, post office building Tutu, where he is doing his work. The complainant is on friendly terms with the accused for 7-8 years. The accused no. 1 is a sole proprietorship firm in the name & style of M/s Veer Daily Needs and Karyana Store and accused no. 2 is the proprietor of the firm. The accused no. 2 approached the complainant in March 2009 for a loan of Rs.3,10,000/-. The complainant agreed and advanced an amount of Rs.3,10,000/- in March 2009 after arranging it from his relatives and friends. Accused No.2 undert