MUKESH JAIN S O PREM CHAND Vs. BALACHANDAR

JUDGEMENT

(1.) THIS revision is preferred challenging the legality and propriety of the order of dismissal under Section 203 of Criminal Procedure Code passed by the learned Judicial Magistrate No. I, Mayiladuthurai on the complaint filed by the revision petitioner against the respondent under Section 138 of the Negotiable Instruments Act.

(2.) IN the complaint, the revision petitioner has alleged that the respondent, in partial discharge of the debt obtained from him, issued a cheque in his favour for a sum of Rs. 6,50,000/- on 16. 10. 2002 and the said cheque bearing No. 491923 was drawn on City Union Bank, Cuddalore and when it was presented for collection through the petitioner's Bank on 10. 3. 2003, it was returned with a Memo dated 13. 3. 2003 stating "funds Insufficient" and the petitioner received intimation to that effect from his Banker on 25. 3. 2003 and he issued a notice to the respondent on 27. 3. 2003 demanding the amount covered by the cheque and the respondent sent a reply containing false allegations and hence he preferred the complaint. Along with the complaint, the petitioner produced the dishonoured cheque, Banker's intimation, a copy of demand notice, reply notice and another document. From the above, it is clear that necessary allegations to constitute the offence under Section 138 of the Negotiable Instruments Act are made in the complaint.

(3.) THE complaint was dismissed by the learned Magistrate on the ground that the complainant in his sworn statement has not given particulars with regard to date of cheque, date of its presentation, date of return and no prima facie case is made out for the offence under Section 138 of the Negotiable Instruments Act and the complaint deserves to be dismissed as per Section 203 of Criminal Procedure Code.