STEEL BUILD Vs. K MUKUND

JUDGEMENT

(1.) This Revision Application is filed by the original accused of Criminal Case No. 1180/99 filed by the present respondent No.1 herein in the Court of learned Metropolitan Magistrate, Court No.10, Ahmedabad, being aggrieved and dissatisfied by the order of learned Metropolitan Magistrate, passed on 19th July, 2000 below Exh.2 rejecting Application - Exh.2 filed by the present petitioners for discharging them for the charges punishable under the Negotiable Instruments Act, 1938.

(2.) The brief facts of the case are as under : The above said complaint came to be filed by present respondent No.1 under Section 138 of the Negotiable Instruments Act against all the present four petitioners for the return of two cheques worth of Rs. l,25,000/-. On filing complaint, the learned Metropolitan Magistrate issued process against the present petitioners. The petitioners appeared before the learned Metropolitan Magistrate. In response to the process issued, the petitioners filed discharge application on 31st December, 1999, on the ground that the complaint was not maintainable under Section 138 of the Negotiable Instruments Act. The Notice issued was not in accordance with the law and according to the present petitioners, as per the reply given by them to the above said notice, the amount of cheque complained of has been fully paid by the petitioners and, therefore, the complaint was not maintainable. There are disputed facts about the making of payment of the cheques, which are base of this complaint. It was also contended in the application that the verification of the complainant as per Section 200 of the Criminal Procedure Code was not signed by the complainant and the Magistrate and, therefore, illegality was committed and the proceedings are required to be dropped as per Criminal Procedure Code. The contentions raised on behalf of the petitioners were turned down by the learned Metropolitan Magistrate and the application Exh.2 came to be rejected and hence this Revision Application by original accused.

(3.) Learned Advocate Mr. K.A. Puj for the petitioners, learned Advocate Mr. F.B. Brahmbhatt for respondent No.1 and learned APP Mr. B.Y. Mankad for respondent No.2 - State of Gujarat, were heard.