R L SAHU Vs. MOH TAHIR SHEKH

JUDGEMENT

(1.) By this petition under Sec-tion 482 of the Code of Criminal Procedure, 1973 (for short 'Code} the petitioner has prayed for quashment of the order dated 20.9.2011 passed by the 1st Additional Sessions Judge, Durg, in Criminal Revision No. 154/2010, affirming the order dated 19.10.2010 passed by the Judiciai Magistrate First Class, Durg, in unregistered criminal complaint case in between R.L. Sahu v. Mo. Tahir Sheikh, whereby the trial Court has dis-missed the complaint filed by the petitioner against the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') on the ground that cheque issued for repayment of money demanded and received for providing job was not for pay-ment of debt or liability legally recoverable under the law.

(2.) As per allegation made in the complaint the respondent has demanded money for provid-ing job from the petitioner and finally received Rs.3,40,000. Respondent failed to provide ser-vice/job. Being demanded the respondent gave two cheques for payment of such dues. Cheques issued by the respondent were presented for encashment to the bank, same were dishonored. After serving the notice under Section 138 of the Act the petitioner has filed complaint for the of-fence punishable under Section 138 of the Act. After examination of the complainant under Sec-tion 200 of the CrPC and hearing the complain-ant the trial Court has dismissed the complaint on the ground that cheques have not been issued for payment debt or liability legally recoverable. Same was challenged before the revisional Court and the revisional Court has also dismissed the revision.

(3.) I have heard learned counsel for the par-ties, perused the copy of the complaint, copy of the order impugned and other documents filed on behalf of the petitioner.