AMAR SAHEED GAJENDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Revision under Sec. 397 read with 401 Cr.P.C. has been filed challenging the judgment and order dtd. 13/9/2013 passed by learned IIIrd Additional Sessions Judge, Haridwar in Criminal Appeal No. 36 of 2013, whereby the conviction recorded by learned Additional Civil Judge (Senior Division)/Judicial Magistrate, Haridwar against respondent No. 2 has been set aside and the matter has been remanded to learned Trial Court for de novo trial.

(2.) The revisionist is proprietor of a Petrol Pump. According to the revisionist, he had supplied petrol and diesel on credit to respondent No. 2. Respondent No. 2 issued five cheques amounting to Rs.1,54,000.00 for payment of price of petrol and diesel to the revisionist. All the five cheques when presented before the Bank were dishonored, therefore, the revisionist issued a notice to respondent No. 2 under proviso (b) to Sec. 138 of Negotiable Instruments Act, on 1/10/2011. Thereafter, a complaint was filed by the revisionist under Sec. 138 Negotiable Instruments Act, which was allowed by learned trial Court vide judgment and order dtd. 25/2/2013. Respondent No. 2 was held guilty, therefore, he was sentenced for one year. It was further provided that respondent No. 2 shall pay a sum of Rs.1,70,000.00 to the revisionist. Thus, feeling aggrieved, respondent No. 2 filed an Appeal, which was registered as Criminal Appeal No. 36 of 2013. The said appeal has been allowed by learned IIIrd Additional Sessions Judge, Haridwar vide judgment and order dtd. 13/9/2013, which is under challenge in this Criminal Revision.

(3.) A bare perusal of the impugned judgment passed by the learned Appellate Court reveals that the Appeal filed by respondent No. 2 was allowed only on the ground that, in view of the provision contained under Sec. 219 of Cr.P.C., more than three cheques cannot be clubbed together for filing a complaint under Sec. 138 of Negotiable Instruments Act. Learned Court below had relied upon a judgment rendered by Single Judge of Hon'ble Madras High Court in the case of M/s. Printo Stick Vs. M.L. Oswal, reported in 1997 Criminal Law Journal 2122.