RAKESH SINGH BAIS Vs. DEVENDRA KUMAR CHAUDHARY

JUDGEMENT

(1.) The present petition has been preferred by the Petitioner assailing the order dtd. 26/4/2016 passed by the Special Judge (C.B.I.) Raipur in Criminal Revision No. 135 of 2016.

(2.) Vide impugned order dtd. 26/4/2016, the Revisional Court has rejected the revision petition preferred by the present Petitioner against the order dtd. 13/4/2016 passed by the Judicial Magistrate First Class, Raipur in Criminal Complaint Case No. 55 of 2012 whereby the application under Sec. 91 of CrPC filed by the Petitioner has been rejected.

(3.) Facts of the case in brief are that the Respondent No.1 in the instant case has lodged a complaint against the Petitioner under Sec. 138 of the Negotiable Instruments Act ('N.I. Act' in short) alleging that the Petitioner had issued a cheque bearing No. 001398 of Allahabad Bank, dtd. 26/3/2012, for an amount of Rs.2,00,000.00 in favour of discharge of enforceable debts and the said cheque when was presented for clearance on 26/3/2012 at the Bank, an intimation was received on 29/3/2012 about the dishonouring of the cheque with the endorsement that the account itself has been closed.