PREM KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of this petition, moved under section 482 Cr.P.C., a prayer has been advanced to quash the Criminal Case No. 95 of 1997, Raj Kumar v. Sanjay Kumar and others, wherein all the applicants have been summoned to stand trial for the offences punishable under sections 420, 467, 471, 506, I.P.C., pertaining to Police Station Gadarpur, District Udham Singh Nagar. Having heard the pros and cons of the controversy, it transpires that Sri Raj Kumar, private opposite party No. 2, sold some quantity of rice to Sri Sanjay Kumar (applicant No. 2) in consideration whereof a cheque No. 748150, worth Rs. 1,00,000/- drawn at Bank of Baroda was issued to Sri Raj Kumar. The date of the cheque was stated to be 25.12.1996 in complaint No. 235 of 1997, while in the first information report dated 7th May, 1997, lodged by Sri Raj Kumar against the applicants, the same has been stated to be issued on 25.12.1995. This cheque when presented by Sri Raj Kumar through his banker, was dishonoured on 22.1.1997. So, a notice, as required under section 138(b) of Negotiable Instruments Act was issued on 11th February, 1997 asking Sri Sanjay Kumar to make the payment. That could not yield any result. So, Sri Raj Kumar filed a complaint case No. 235 of 1997 against Sri Sanjay Kumar only for the offence of section 139 of Negotiable Instruments Act (hereinafter called as 'the Act'). The Magistrate, after going through the statement of the complain- ant and the requisite papers annexed therewith, took cognizance in the matter on 15.4.1998 and, in order to ensure the presence of accused Sri Sanjay Kumar, issued arrest warrant on 17.11.1998. Against this order, a revision, bearing No. 3 of 1999, was filed in the Court of Sessions Judge, Udham Singh Nagar, which was allowed rejecting the order of the learned Magistrate dated 17.11.1998. The learned Additional Sessions Judge, in the same continuity, dismissed the complaint being time barred and the order of cognizance dated 15.4.1998 as well. The file was directed to be consigned to the record room.

(2.) THE complainant Sri Raj Kumar was disgruntled because the prosecution launched by him, under section 138 of the Act, had been done away with. So, he commenced another round of litigation by way of lodging F.I.R. dated 7th May, 1997, not only against Sri Sanjay Kumar but also two other companions of Sri Sanjay Kumar, namely, Prem Kumar and Sudesh Kumar for the offence punishable under sections 420, 467, 471 and 506, I.P.C. The background of this F.I.R. was the same i.e. issuance of cheque, dishonor of the same by the banker. It was added that Sri Raj Kumar, when asked about the wherewithal of the dishonoured cheque from Sri Sanjay Kumar, all the three applicants intimidated him and extended threat to kill him by their revolver. The matter was investigated and a final report was submitted by the Investigating Officer to the Magistrate. The Magistrate concerned perused the file sent by the Investigating Officer and passed the order in the following words :

(3.) AT the outset, this petition has been objected by the learned Counsel for the private respondent on the ground that it is a second revision in the garb of petition under section 482 Cr.P.C. and that is absolutely barred as envisaged under section 397(3) Cr.P.C.