1. This petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 is filed by the petitioner who is original accused in a private criminal case No.1698 of 2011 filed by the respondent-Bank under Section 138 of Negotiable Instruments Act.
2. In the above complaint as per the conjoint reading, case of the complainant-Bank is that the cheque issued by the petitioner from his account was dishonoured and in spite of issuance of notice no amount was paid and complaint was filed before the Court and, therefore, submission of the petitioner that he was not the person who had issued the cheque nor any cheque was drawn from his account, is in realm of defence and identity or otherwise and the verification of the signature and whether the cheque was drawn from the account concerned cannot be gone into by this Court in exercise of powers under Section 482 of the Code.
3. With the above, this petition is rejected. No costs.
[ANANT S. DAVE, J.] //smita// Top