O.T.G. GLOBAL Vs. SHYAMLAL KHATRI

JUDGEMENT

(1.) BY this petition, the Petitioners have challenged legality and propriety of the order dated 4-3-2004 passed by the Judicial Magistrate First Class, Durg in Criminal Case No. 594/2002, whereby the objection relating to taking cognizance of offence filed on behalf of the Petitioners/accused has been dismissed.

(2.) ORDER is challenged on the ground that learned Judicial Magistrate First Class has not considered the application substantially supported by the document to show that without any material the Court below has taken cognizance and thereby caused serious prejudice to the Petitioners.

(3.) LEARNED Counsel for the Petitioners argued that the present Petitioners were required to disclose liability of Rs. 1 lakh to Respondent No. 1 and the cheque in dispute was issued by the Petitioner, but afterwards one demand draft dated 5-10-2001 of Rs. 1 lakh was sent to Respondent No. 1 in discharge of liability which was encashed by Respondent No. 1. The present Petitioners have also issued notice dated 10-10-2001 and intimated Respondent No. 1 that they have discharged the liability arose on the basis of aforesaid cheque, therefore, the cheque should be returned to them and also directed the Bank to stop payment. But Respondent No. 1 instead of returning the cheque presented the same for encashment before the Bank which was returned unpaid and notice was issued, and finally complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') was filed against the Petitioners. After making inquiry under Chapter XV of the Code of Criminal Procedure, 1973 the Court below has taken cognizance of the offence and issued process against the present Petitioners. After receiving notice the Petitioners have filed objection on the basis of the aforesaid documents, but the Court below has declined to recall the order taking cognizance and issuance of process.