SANJAY VERMA Vs. ASHOKA BROTHER

JUDGEMENT

(1.) The complainant / respondent herein laid a complaint for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act ') against the petitioner herein in which the learned trial Magistrate took cognizance of the offence under Section 138 of the NI Act on 23-1- 2008 and issued process to the petitioner herein. The petitioner herein after appearing before the said Court filed an application on 29-4-2013 for dismissing the complaint which the learned trial Magistrate did not found favour with and rejected the same by order dated 1-6-2013 which was affirmed by the revisional Court in revision taken by the petitioner herein. Now, both the orders have been made subject matter of this petition under Section 482 of the CrPC.

(2.) Mr. Yash Mourya, learned counsel appearing for the petitioner, would raise two fold submissions:-

(3.) Mr. R.N. Jha, learned counsel appearing for the respondent / complainant, would submit as under:-