MAHESH Vs. DINAKAR

JUDGEMENT

(1.) The petitioner challenges the cognizance taken by the learned Magistrate for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act').

(2.) The respondent filed a private complaint under Sec. 200 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.'), alleging that the petitioner had borrowed a loan of ?7 lakhs for the purchase of a property. Towards repayment of the said loan, the petitioner allegedly issued the subject cheque. However, when the cheque was presented for encashment, it was dishonoured due to insufficient funds.

(3.) Learned counsel for the petitioner submitted that the subject cheque was issued by one Raju Achyut Naik and that the bank account related to the cheque was in the name of Veeranjaneya Stone Crushers. Since the petitioner is not the drawer of the cheque, he cannot be prosecuted for the offence punishable under Sec. 138 of the NI Act.