ANIL G SHAH Vs. J CHITTRANJAN CO

JUDGEMENT

(1.) . The original complainant in Criminal Case No. 2203 of 1994 on the file of the learned Metropolitan Magistrate, Court No. 9, Ahmedabad has filed the present Revision Application to challenge the order passed by the learned Additional City Sessions Judge, Ahmedabad in Criminal Revision Application No. 296 of 1996 on 7th July, 1997.

(2.) . Revision Applicant Anil G. Shah is the son of late G. L. Shah and he was also a power of attorney holder of G. L. Shah when he filed Criminal Case No. 2203 of 1994 against the respondent for the alleged offence punishable under S.138 of the Negotiable Instruments Act, 1881 (For short "the Act"). The said Criminal Case No. 2203 of 1994 was filed on 7th July, 1994 and the description of the complainant in the complaint is given as under : "G. L. Shah, through authorised representative and constituted attorney Anil G. Shah, "Sanskrut", 2nd Floor, Navrangpura, Ahmedabad." From the above description of the said complainant, it is quite clear that the complaint is lodged by the said G. L. Shah and the said complaint was filed and signed by his power of attorney holder, namely, Anil G. Shah. It was the allegation of the complainant in the complaint that the respondent had taken loans from time to time and towards the said loan, he was owing Rs. 1,47,600.00 (Learned Advocate for the Revision applicant says that there is a typing mistake in the complaint and the amount is Rs. 14,76,000.00 and that necessary application would be filed before the learned Metropolitan Magistrate to correct the said typing mistake). The cheque which is produced alongwith the complaint clearly shows that the amount is Rs. 14,76,000.00. Towards the said amount of Rs. 14,76,000.00 the respondent had given cheque bearing No. 613783 dated 1-2-1994 drawn on Canara Bank, Bombay. When the said cheque was presented by the complainant for its realisation, it was returned on 20-5-1994 with an endorsement "funds insufficient". Thereafter, the complainant had issued the legal notice as contemplated by S.138(B) of the Act on 13-5-1994. Inspite of the service of the said legal notice, as there was no payment of the amount of the cheque, this private complaint is filed on 7th July, 1994.

(3.) . The learned Magistrate recorded the statement on oath of the complainantconstituted attorney on the same day and was then placed to issue process against the respondent under S.138 of the Act.