IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 2017 of 2025.

Reserved on: 08.08.2025.

Date of Decision: 22.08.2025.

Bharat Sharma ...Applicant/ appellant Versus o Beli Ram ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No For the PetCitioner : Ms. Ruchika Khachi and Lalita Devi, Advocates.

Rakesh Kainthla, Judge gThe applicant/ appellant has filed the present application for seeking Special Leave to appeal against the judgment dated 09.08.2024 passed by the learned Judicial Magistrate, First Class, Kandaghat, District Solan, HP (learned Trial Court). (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 presented 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 (hereinafter referred to as NI Act). It was asserted that the complainant advanced ₹2,25,000/- to the accused in December 2