JUDGMENT :

Rakesh Kainthla, J.

The present petition is directed against the order 18.02.2022, passed by learned Judicial Magistrate, First Class, Court No.4, Shimla, vide which application filed by the petitioner (accused/applicant before the learned Trial Court ) seeking the dismissal of the complaint was rejected. (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 petition are that the learned Trial Court summoned the accused for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (NI Act). When the accused appeared before the learned Trial Court, he filed an application under Section 138 (b) of the NI Act. He asserted that he belongs to a BPL family. He had taken Rs.30,000/- as a loan from Bhagat Ram Deshta, father of the complainant and handed over a blank cheque as security to him. The accused paid the aforesaid loan together with an interest to Bhagat Ram Deshta. He demanded the cheque but he was told that the cheque was washed away with the clothes and accused should not worry about the same. The accused