PRAVEEN KUMAR PATHAK Vs. PRAVEEN JAIN

JUDGEMENT

(1.) THIS is a petition filed under Section 482 of the Code of Criminal Procedure against the order dated 17.10.2000 passed by the Magistrate, whereby an application for dismissal of complaint has been rejected by him in a matter under Section 138 of The Negotiable Instruments Act (hereinafter referred to as the Act) and also against the revisional order dated 02.08.2003 passed in Criminal Revision 517/2002 by the 4th Additional Sessions Judge, Durg, (C.G.) confirming the aforesaid order.

(2.) THE brief facts, as stated in the complaint, are that the petitioner had taken a loan of Rs. 1,50,000/-from respondent No. 1 on 07.01.2000 and for repayment issued a post dated Cheque of 08.03.2000. This Cheque was produced by the respondent No. 1 in the Bank on 02.05.2000. The Cheque was returned with the note that the "Drawer's Signature Differs." On this, the respondent No. 1 served upon the petitioner a demand notice dated 27.05.2000, which was received by the petitioner on 30.05.2000, but even after this the payment was not made and ultimately, the respondent No. 1 had to file a criminal case under Section 138 of the aforesaid Act on 26.08.2000.

(3.) LEARNED counsel for the petitioner submitted that if a cheque is bounced on account of difference in drawer's signature, no offence under Section 138 of The Negotiable Instruments Act would be made out as the grounds on which the offence would be made out are clearly specified in the aforesaid provisions and no deviation can be made by the Court while interpreting those provisions.