2. Precisely, the facts of the case, as emerge from the record are that respondent/complainant instituted a complaint under Section 138 of the Act, before the competent court of law, alleging therein that the accused, who was known to him, approached him for financial assistance of Rs.40,000/- in the month of August 2015 under the pretext of financial crisis. Complainant lent sum of Rs.40,000/- in cash to the accused, who, in order to discharge her liability, issued cheque bearing No. 270721, dated 15.9.2015, for Rs.40,000/- in favour of the respondent towards discharge of lawful liability. However, the same was dishonored and returned to the complainant with remarks 'Account Closed' vide dishonor memo dated 25.11.2015. Immediately after receipt of aforesaid return memo, complainant served legal notice dated 24.12.2015 upon the accused, calling upon her to make the payment good within the stipulated time, but since needful was not done within the stipulated time, complainant instituted complaint under Section 138 of the Act before the learned Additional Chief Judicial Magistrate-3, Shimla, Himachal Pradesh (in short the “trial court”).
