SHARMENDRA MAHESHWARI Vs. PRAMOD KEDIA

JUDGEMENT

(1.) THE applicant by this petition, under Section 482 of Cr. P. C. has prayed for quashing of the Criminal complaint No. 194/2007 against him pending in the Court of Additional Chief Judicial Magistrate, Bilaspur.

(2.) BRIEFLY stated the facts necessary for this petition are that the complainant/applicant No. l filed a complaint against the present applicant and non-applicant No. 2 with the averments that the accused No. 1 is proprietor of M/s Balaji Oil Industries, bilaspur and he was appointed dealer of nokia Mobiles by the complainant whereas the accused No. 2 is authorized person of m/s Balaji Oil Industries and both the accused persons are engaged in the business of selling of mobile and they are father and son. Two cheques of ICICI Bank, Branch surat of Rs. 75,352 dated 28. 10. 2006 and rs. 75,352 dated 27. 10. 2006 were drawn by the accused No. l towards price of Mobiles supplied to them. The same were deposited by the complainant, however, it was returned by the. bankers of the accused No. 1 because of insufficient fund in the account of accused No. 1. On the request of the accused No. 1, the cheque was again deposited on 1. 12. 2006, however the same was again dishonored on the same ground. Even after notice, the accused persons did not pay the amount against the cheques and thus the accused persons committed offence which is punishable under Section 138 of Negotiable instruments Act (For short hereinafter referred to as the Act) and Section 420 of Indian Penal Code. The trial Court took cognizance of the offence against both the accused under Sections 138 of the Act and directed issuance of summons vide order dated 7. 2. 2007.

(3.) THE applicant/accused No. 2 preferred a criminal revision No. 65/2007 before the 3rd Additional Sessions Judge, Bilaspur against the order of issuance of summons, however the same was rejected with an observation that the remedy available to the applicant accused was to move an application under Section 482 of Cr. P. C. and criminal revision under Section 397 (2) of Cr. P. C. is not maintainable.