MOHNISH SAHU Vs. GRAM PANCHAYAT ARJUNI

JUDGEMENT

(1.) Respondent herein/Gram Panchayat Arjuni filed a Criminal Complaint Case No. 497/2013 497/2013 before the Judicial Magistrate First Class, Rajnandgaon for commission of offence punishable under Section 138 of the Negotiable Instruments Act,1881 (in short "N.I. Act") on allegation that the cheque issued by the petitioner on 01/09/2008 has been dishonoured. The learned Trial Magistrate took cognizance of the offence punishable under Section 138 of the N.I. Act finding that there is sufficient ground for proceeding against the present petitioner.

(2.) Petitioner herein did not challenge the order taking cognizance and filed an application in shape of objection on 16/01/2014 against the order taking cognizance to drop the proceeding taken against him under Section 138 of the N.I. Act. The learned Trial Magistrate by order dated 11/03/2014 held that the petitioner has not challenged the order taking cognizance and the Court has no power to review its order taking cognizance and rejected the objection/application.

(3.) Questioning that order, petitioner preferred criminal revision before the Court of Session Rajnandgaon. The Court of Session by its impugned order dated 02/08/2014 affirmed the finding of the Trial Magistrate holding that even after taking cognizance of the offence, charge has been framed and that too has challenged and the Trial Magistrate has no jurisdiction to review its own order.