MOHD SAMI ANSARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner has prayed for quashing of order dated 23/04/08 passed in Criminal case No.270/08 registering offence under section 138 of the Negotiable Instruments Act against the petitioner.

(2.) Respondent No.2-Sunil Kumar Jain filed a complaint under section 138 of the Negotiable Instruments Act, 1881 (for short "the Act of 1881") against the petitioner and respondent No.3 on the allegation that in a business transaction, towards discharge of certain liability against purchase of certain items, respondent No.3 had issued a cheque of Rs. 2,14,000/- in favour of the complainant. However, when the cheque was presented in the bank on 20/12/08, the same was dishonoured with a note dared 21/01/08 that the fund in the fund in the account is insufficient. On the complaint so made, the learned Magistrate vide his order dated 23/4/08, after going through the complaint and other documents, found that prima facie case is made out and further directed registration of offence under section 138of the Act of 1881 against the petitioner and respondent No.3. Aggrieved by the aforesaid order and registration of offence against the petitioner, the petitioner preferred a revision. The learned Revisional Court however, has dismissed the revision holding that the order of issuing process is interlocutory in nature against which, no revision would lie.

(3.) Learned counsel for the petitioner agued that the offence under section 138of the Act of 1881 can be said to be made out only by one who has drawn cheque on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability. In his submission, the court below had committed gross illegality in registering offence under Section 138 of the Act of 1881 against the petitioner because even according to the complaint, the cheque was issued by respondent No.3-Vijay Bafna .There fore, it is submitted that no case for registering offence under section 138 of the Act of 1881 is made out against the petitioner.