LAWS(CHH)-2012-3-42

REKHA SINGH Vs. VARENDRANATH MUKHERJEE

Decided On March 19, 2012
REKHA SINGH Appellant
V/S
Varendranath Mukherjee Respondents

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), the petitioner has prayed for quashment of the order dated 2-3-2012 passed by the 1st Additional Sessions Judge, Durg, in Criminal Revision No. 17/2012, affirming the order dated 20-1-2012 passed by the Judicial Magistrate First Class, Durg, in Criminal Complaint Case No. 929/2011, whereby the Trial Court has dismissed the application filed on behalf of the petitioner herein questioning the order taking cognizance and issuing process against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). Quashment is prayed on the ground that while taking cognizance and issuing process, the Trial Court has not made any enquiry into the complaint under Chapter XV of the Code and has not recorded the statement of the complainant under Section 200 of the Code, which is sine qua non for taking cognizance and proceeding further.

(2.) As per both the orders impugned, the respondent herein has filed criminal complaint against the petitioner for the offence punishable under Section 138 of the Act. The respondent has given evidence on affidavit and on the basis of evidence on affidavit, the Trial Court has registered criminal complaint against the petitioner and issued process. After making appearance, the petitioner has filed application for complying with the procedure declared by the Supreme Court requiring recording of statement of the complainant under Section 200 of the Code. After providing opportunity of hearing to the parties, the Trial Court has dismissed the application, same was challenged before the Revisional Court and the Revisional Court while affirming the order passed by the Trial Court, has dismissed the revision.

(3.) I have heard learned Counsel for the petitioner, perused both the orders impugned and copies of other documents.