SHIV KUMAR Vs. DEEPA DEVI

JUDGEMENT

(1.) The challenge in this revision is made to the following judgment and orders:-

(2.) In this revision, the revisionist has not been appearing. The revision has already been admitted. The law on the revision is well settled that once the revision is admitted, it has to be decided on merits, it cannot be dismissed in non-prosecution. The Court proceeds to decide the revision.

(3.) The case is based on a complaint, filed under Sec. 138 of the Act, by the complainant. According to it, the revisionist had agreed to sale his four bigha land to the complainant on 6/8/2010. It was a written agreement. The revisionist received Rs.5,45,000.00. Subsequently, it was revealed that the revisionist belonged to Tharu Janjati and he could not transfer his land, therefore, the complainant demanded his money. On 15/12/2010, the revisionist gave a cheque of Rs.1,60,000.00 to the complainant, which was presented on 1/2/2011, and, was dishonored with the remark "insufficient funds". Notice was given and thereafter, after statutory compliance, the complaint was filed. It is the basis of the case. On 1/3/2011, itself, the revisionist was summoned to answer accusation under Sec. 138 of the Act.