LAWS(CHH)-2016-10-7

MUKESH BANSHIWALA Vs. NITIN DAHIYA

Decided On October 24, 2016
Mukesh Banshiwala Appellant
V/S
Nitin Dahiya Respondents

JUDGEMENT

(1.) The present petition under Section 482 CrPC has been filed assailing the two orders dated 18.04.2016 passed by the 9th Additional Sessions Judge, Raipur, in Revision Case No.451/2015 and the order dated 16.10.2015 passed by the Judicial Magistrate First Class, Raipur (for short, JMFC) in Criminal Case No.212 of 2013.

(2.) The grievance of the petitioners is that the respondent No.1 complainant had filed a complaint case under Section 138 of the Negotiable Instrument Act (for short, NI Act) before the court of JMFC, Raipur which was registered as Criminal Case No.212 of 2013.

(3.) After completion of formalities as are otherwise required for registration of complaint case under Section 138 of NI Act, summons were ordered to be issued to the accused-petitioner herein. The petitioner entered appearance before the court below and got bail. Subsequently, vide order dated 16.10.2015 the JMFC, Raipur, framed the charge against the petitioners for the offence under Section 138 of NI Act.