ARVIND KUMAR THAKUR Vs. POOJA GUPTA

JUDGEMENT

(1.) The petitioner has challenged the order passed in Criminal Revision No.401/2018 by 9th Additional Sessions Judge, Raipur dtd. 3/12/2018 whereby the revision preferred by the complainant has been allowed and the order dtd. 1/8/2018 passed by the learned JMFC, Raipur in unregistered case filed under Sec. 138 of the Negotiable Instruments Act has been set aside.

(2.) The case, in nutshell, is that, the respondent filed a complaint case under Sec. 138 of the Negotiable Instruments Act read with Sec. 420 of the IPC on the ground that cheque No.189467 was issued in discharge of liability by the petitioner on 15/12/2017 and when it was presented before the ICICI bank, Bilaspur on 18/12/2017 it got dishonoured. The complainant was informed regarding dishonour of cheque and intimation was given in this regard on 19/12/2017 and again it was dishonoured on 6/2/2018 which was presented before the bank on assurance given by the petitioner. A legal demand notice under Sec. 138 of the Negotiable Instruments Act was issued on 28/2/2018 by the petitioner, but he could not receive the postal acknowledgment and thereafter, he approached the postal department thereafter the same was received by him on 22/5/2018, whereas the complaint case was filed on 30/5/2018.

(3.) The learned trial Court vide order dtd. 1/8/2018 dismissed the complaint case on the ground that though the application under Sec. 142 of the Negotiable Instruments Act has been moved, but the complainant could not disclose the fact as to when the application regarding postal acknowledgment was moved before the postal department. The complainant challenged the order passed by the learned Magistrate dtd. 1/8/2018 before the learned Sessions Court by filing revision and same was allowed vide order dtd. 3/12/2018 where the learned revisional Court held that the delay was bonafide and the complainant has explained the reason for such delay.