K S THIMMAPPA RAI Vs. A R SADANANDA

JUDGEMENT

(1.) Being aggrieved by the order passed by the learned Munsiff and JMFC, K. R. Nagar in CC. No. 247/97 taking cognizance of the offence under S. 138 of the Negotiable Instruments Act and directing to issue process to the accused therein, he preferred this petition under Section 482, Cr. P.C.

(2.) Notice was issued to the respondent and he appeared. Heard the learned Advocates appearing for the parties.

(3.) The brief facts of the case are :- The respondent has lodged a complaint under S. 200, Cr. P.C. against the petitioner herein on the ground that two cheques issued by the petitioner were dishonoured when presented before the Bank. Even after receipt of statutory notice petitioner failed to pay the amount. Therefore, he filed complaint for the alleged offence u/S. 138 of the Negotiable Instruments Act. Learned Magistrate after recording the sworn statement directed to issue the process to the accused by his order dt. 21-1-1997 the said order was questioned by the petitioner in Crl. P. No. 570/97 before this Court. This Court by its order dt. 31-3-1997 set aside the order and remitted the matter with a direction, the operative portion of which reads as :-