IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 5 of 2012.

Reserved on: 04.08.2025.

Date of Decision: 11.08.2025.

Parvesh Kumar ...Appellant Versus o Joginder Pal Sood ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ Yes For the ApCpellant : Mr. Sanjeev K. Suri, Advocate.

For the Respondent : Mr. Anuj Gupta, Advocate.

Rakesh Kainthla, Judge The present appeal is directed against the judgment dated

21.07.2011, passed by learned Chief Judicial Magistrate, Sirmour District at Nahan, H.P. (learned Trial Court), vide which respondent (accused before learned Trial Court) was acquitted of the commission of an offence punishable under Section 138 of Negotiable Instruments Act (in short “NI Act”). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2. Briefly stated, the facts giving rise to the present appeal are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Section 138 of the NI Act. It was as