The petitioner has filed the present petition against the judgment dated 24.11.2023 passed by learned Additional Sessions Judge-II, Kangra at Dharamshala (learned Appellate Court), vide which the judgment of conviction dated 24.01.2019 and order of sentence dated 28.01.2019 passed by learned Judicial Magistrate First Class, Court No. I, Dharamshala, were upheld. (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 complainant filed a complaint against the accused before the learned Trial Court for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (in short, the “NI Act”). It was as serted that the complainant No.2 is the sole proprietor of the complainant No.1 and is engaged in the business of trading in junk. The accused is running a business of the sale of Kariyana Products, daily confectionery items, etc. He used to sell scrap to the complainant, and the complainant used to pay the amount in advance. The complainant was maintaining an open and running account in the name of the accus