SHIV KUMAR ALIAS JAWAHAR SARAF Vs. RAMAVTAR AGRAWAL

JUDGEMENT

(1.) The present petition under Sec. 482 Crimial P.C. has been preferred seeking for quashment of order dated 18.07.2016 passed by the Sessions Judge, Bilaspur, in Criminal Revision No.92/2016. Vide the said impugned order, the Sessions Judge has rejected the revision petition preferred by the petitioner herein affirming the order dated 18.08.2015 passed by the Judicial Magistrate First Class, Bilaspur, taking cognizance and registering the complaint case against the petitioner for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for short, NI Act).

(2.) The relevant facts for adjudication of the present dispute is that, the petitioner had issued a postdated cheque (No.251759) of Central Bank of India, Main Branch, Bilaspur, amounting to Rs.7.8 Crores in favour of the respondent towards discharge of the liability in respect of a property dealing between the two. That, there was also an agreement dated 21.10.2014 entered into between them in this regard which is enclosed in this petition as Ex. P/4. Subsequently, the petitioner did not discharge the liabilities towards the respondent. The cheque which was issued by the petitioner was therefore put for encashment and the said cheque got dishonored by the Bank vide intimation dated 02.04.2015 with an endorsement of insufficient fund. A legal notice was sent on the same day i.e. 02.04.2015 by the respondent to the petitioner which was received by the petitioner somewhere on 9-10.04.2015. Service of legal notice stand proved as the petitioner has also replied to the legal notice on 15.04.2015 denying the claim put forth by the respondent. Since the petitioner did not make any payment to the respondent even after issuance of legal notice, the respondent had filed a complaint case before the JMFC, Bilaspur for initiating proceedings against the petitioner for the offence punishable under Sec. 138 of NI Act.

(3.) The JMFC after taking into consideration the statement and material which have come on record, vide order dated 18.08.2015 took cognizance of the offence and registered a complaint case as criminal complaint case No.4664 of 2015.