JUDGMENT :

Rakesh Kainthla, J.

The present revision is directed against the judgment dated 29.08.2016 passed by learned Sessions Judge, Sirmaur at Nahan, H.P. vide which the appeal filed by the petitioner (accused before the learned Trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were referred 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 Act (NI Act). It was asserted that the complainant and the accused are brothers-in-law in relation. The accused required money to pay the loan from the H.P. State Cooperative Bank Branch at Rajgarh. The accused approached the complainant in September 2011 and demanded Rs. 2,00,000/- from the complainant for one year. The complainant advanced the loan. The accused issued a post-dated cheque No. 713405 (Ext. CW2/A) for a sum of Rs.2,00,000/-drawn on HP State Cooperative Bank Habban Branch for discharging his legal liability. The complainant presented the cheque for collection