The challenge in this application under Section 482 of the Code of Criminal Procedure, 1973 is the quashment of the complaint filed by respondent No.2 under Section 138 of Negotiable Instruments Act being Criminal Case No.344 of 2008 and issuance of process by the learned Magistrate which came to be challenged before the Revisional Court and by an order dated 27th July, 2011 came to be rejected on the ground that necessary evidence can be considered at the stage which had not arrived so that when the application was filed by the applicant-accused.
On perusal of the order passed by the Revisional Court, it cannot be said that the Revisional Court erred in exercising the revisional jurisdiction and ground and reasonings for not exercising the revisional jurisdiction is very well mentioned that whenever the complainant enters into a witness box the examination in Chief and cross can be permitted and at that point of time the decision in accordance with law can be taken by the Court. The arguments canvassed by learned advocate for the applicant that the cheques were forcibly taken away by the complainant and for which the complaint was filed and now charge-sheet is also filed that itself is in realm of defence and at this stage what is to be seen by the Court concerned is (1) whether the signatory of drawee appeared on the cheque (2) the cheque was drawn from the account maintained by the signatory of the cheque and (3) it was presented and dishonored by the Bank. Since all the above three ingredients are satisfied, at this stage it cannot be said that the complaint filed by the complainant is contrary to the provisions of Negotiable Instruments Act.
No case is made out. This application is summarily rejected.
Copy of this order to be sent to concerned J.M.F.C.
[ANANT S. DAVE, J.] //smita// Top