RAMESH KUMAR SINGHANIA Vs. MANISH SHUKLA

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure, 1978 (for short "the Cr.P.C.) has been preferred against order dtd. 22/5/2020 passed by 10th Additional Sessions Judge, Raipur in Criminal Revision No. 709/2019 whereby order dtd. 1/11/2018 [order of registration of criminal complaint case under Sec. 138 of The Negotiable Instruments Act, 1881] and subsequent order/proceedings dtd. 21/10/2019 were upheld.

(2.) Facts of the case, in brief, is that respondent/complainant filed a complaint under Sec. 138 of The Negotiable Instruments Act, 1881 (henceforth "NI Act") alleging inter alia that petitioners, who are directors and authorized signatory of Ramshwar Industries Ltd. has obtained an amount of Rs.5,000.00 through Book No. 27, Receipt No. 656 on 13/8/1997, to return the aforesaid amount, petitioners issued cheque to the tune of Rs.3,78,000.00 on 15/8/2018 in favour of respondent/complainant, which was dishonoured by the Bank with endorsement that "No such account". Despite statutory notice issued to the petitioners, the amount was not paid by them, hence, aforesaid complaint case was filed by him before Judicial Magistrate, First Class, Raipur (C.G.)

(3.) Vide order dtd. 1/11/2018, learned trial Court registered the case against the petitioners and one other co-accused. After appearance of the petitioners on 21/10/2019, particulars of the offence was stated to the petitioners and the case was fixed for evidence by the learned trial Court.