SHIVA RAJ Vs. GURU DEVA

JUDGEMENT

(1.) HEARD the learned Counsel appearing for the petitioner and the learned counsel appearing for the respondent.

(2.) THE brief facts are that being aggrieved by the issue of process by the I additional C. J. (Junior Division), Gadag, in respect of the alleged offences punishable under Section 138 of the Negotiable Instruments Act and Section 420 of the IPC. The petitioner has filed this petition wherein the private complaint has been filed by the respondent under Section 200 of the Cr. P. C. and it is alleged that the accused obtained a hand loan for his family necessity on 20-12-2000 and executed a hand loan agreement in favour of the respondent and also agreed to return the same within three months from the date of agreement and had also issued a cheque drawn on Canara Bank dated 20-3-2001. The said cheque when presented on 20-'5-2001 was returned with an endorsement "exceeds arrangements". Thereafter, a legal notice was served on 2-6-2001. In spite of service of notice, no payment has been made, hence the complaint.

(3.) THE same has been assailed on various grounds regarding maintainability stating that issue of process is without jurisdiction and no witness list has been filed; even though the witness list has not been furnished, process has been issued in violation of the mandate to Section 204 (2) of the Cr. P. C. and cheque issued was for a proprietory concern which is not made a party before the Magistrate and also alleging that the complaint has been filed beyond the time prescribed and sought for setting aside the impugned order dated 3-9-2001.