A.R. BANERJEE Vs. STATE

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C") the petitioner assails the order dated 19.8.2013 passed by learned SCJ-Cum-RC, New Delhi in complaint case No. 5536/1/09/12 titled as "Anil Dogra vs. A.R. Banerjee" for the offence under Section 138 of the Negotiable Instruments Act (for short the "Act"), whereby the application moved on behalf of the petitioner seeking opinion of GEQD in relation to hand writing of the body of the cheques in question was dismissed.

(2.) In short, the facts of the present case are that respondent No.2/complainant filed a complaint under Section 138 of the Negotiable Instruments against the petitioner on the allegations, inter alia, that sometime in January, 1982, the petitioner met the complainant at New Delhi and represented himself as a divorced person. On believing the representation of the petitioner, the complainant gave her consent for the marriage and accordingly, on 15.2.1982 the petitioner and respondent No.2 tied their marital knot at New Delhi. The petitioner induced and cohabited with the complainant for almost 20 years, keeping the complainant in false belief that the complainant is his legally wedded wife. The petitioner/accused never disclosed about his living wife, Mrs. Nandita Banerjee and their two issues to the complainant. In November, 2001 respondent No.2 came to know about living wife and two children of the petitioner. It is also alleged that in December, 2001, respondent No.2 confronted the petitioner with the said news and the petitioner confessed his guilt. In order to compensate the complainant, the petitioner issued cheque No. 412509 dated 10.1.2002 for the amount of Rs. 5 lakhs; cheque No. 412510 dated 10.2.2002 for the amount of Rs. 10 lakhs and other cheque No. 412511 dated 10.3.2002 for a sum of Rs. 10 lakhs, all drawn on Andhra Bank, Navrangpura, Ahmedabad. The respondent No.2 presented the said cheques for encashment which were dishonoured with the remarks "insufficient funds". The respondent No.2 issued legal notice dated 6.4.2002. Despite service of notice, the petitioner failed to make payment of the cheques in question.

(3.) The respondent No.2/complainant adduced his evidence and the statement of accused/petitioner under Section 313 Cr.P.C. was recorded on 15.12.2012.