Court No. - 55
Case :- CRIMINAL REVISION No. - 4123 of 2018 Revisionist :- Amitabh Kumar Das Opposite Party :- State Of U.P. and another Counsel for Revisionist :- Ayush Khanna, Atul Dayal Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State-respondent.
The present criminal revision has been filed against order dated 01.11.2018 passed by Special Court, 138 NI Act, Muzaffar Nagar in complaint case no. 1692 of 2017 (Devendra Kumar Vs. Amitabh Kumar Das) moved under section 138 NI Act, P.S. Nai Mandi, District Muzaffar Nagar, whereby discharge application 44 Kha filed by the revisionist was rejected.
Learned counsel for the revisionist submits that a blank signed cheque is not a bill of exchange and accused is entitled to be acquitted. He further submits that the complainant has accepted 15 signed blank cheques from the accused and has filled up the amount and date on its own. The revisionist has not issued any cheque, therefore, he is not liable to pay the cheque amount. Learned counsel further submits that to make out an offence under section 138 NI Act, there must be liability or a debt and the accused was under no debt or liability of Rs.81,07,750/-. It is also submitted that the complaint filed against the revisionist is pure abuse of process of law, therefore, the order impugned deserves to be set aside and quashed.
Learned Additional Government Advocate appearing on behalf of State-respondent vehemently opposed the contentions raised on behalf of the revisionist and submitted that the court below has passed the impugned order after considering each and every aspect of the matter.
I have heard the arguments raised on behalf of the parties and perused the record.
The impugned order has been passed by the court below after considering each and every aspects of the matter and the contentions raised on behalf of the revisionist, therefore, this Court finds no error apparent on the face of record. The disputed question of facts cannot be adjudicated upon by this Court in exercise of powers conferred under section 307/401 Cr.P.C., therefore, the impugned order does not warrant any interference by this Court. The revision being devoid of merit deserves to be dismissed.
Accordingly, the criminal revision is dismissed.
Order Date :- 30.11.2018 Prajapati [Chandra Dhari Singh, J]