BASANT BAGADE Vs. SYRENDRA ARORA

JUDGEMENT

(1.) BY this petition under Section 482 of the Cr.PC the petitioner has challenged legality and propriety of the order dated 1-2-2003 passed by the Judicial Magistrate First Class, Raipur in Criminal Complaint Case No. 993/2002, whereby learned Judicial Magistrate First Class has dismissed the application filed by the petitioner under Section 245 (2) of the Cr.PC for dismissal of the complaint on the ground that the question of liability can be decided after taking evidence of the complainant at the stage of Section 245 (1) of the Cr.PC.

(2.) BRIEF facts necessary for the disposal of this petition are that the petitioner has issued cheque of Rs. 2,51,000/- to respondent No. 1 on the basis of one agreement for purchasing certain land. According to the case of respondent No. 1, after executing the said agreement, respondent No. 1 presented the cheque for encashment which was dishonoured and notice as required under the provisions of the Negotiable Instruments Act, 1881 (for short 'the Act') was issued to the petitioner, but the amount due on the cheque has not been paid to respondent No. 1 on which complaint under Section 138 of the Act was filed by the complainant/respondent No. 1.

(3.) SECTION 245 (2) of the Cr.PC reads thus :-