KANHAIYA LAL Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal revision has been preferred against the judgment and order dated 18.12.2005 passed by the Addl. Chief Metropolitan Magistrate-II Kanpur Nagar in Crl. Complaint Case No. 7228 of 2005 (M.R. Traders through proprietor Nand Kumar Bhatia v. Kanhaiya Lal & sons through its Proprietor Kanhiaya Lal) under Section 138 of the Negotiable Instruments Act, Police Station Collectorganj, District Kanpur Nagar, whereby process has been issued against the revisionists to fetch the prosecution.

(2.) The brief facts of the case is that the Opp. Party No. 2 supplied goods to the revisionists for a sum of Rs. 1,18,809.20/- through bill No. 15701 dated 4.3.2005 in respect of which revisionists assured to pay the entire amount through cheque. Revisionists issued a cheque No. 506252 dated 12.5.2005 of ICICI Bank Ltd. for a sum of Rs. 1,18,809.20/-. The said cheque has been dishonoured due to insufficient of funds. Opp. Party No. 2 thereafter on 22.8.2005 filed a criminal complaint being case No. 7228 of 2005 against the revisionists in the court of Addl. Chief Metropolitan Magistrate-II Kanpur Nagar under Section 138 of Negotiable Instruments Act. The learned Magistrate recorded the statement of the complainant under Section 200 Cr.P.C. on 3.9.2005. The learned Magistrate vide order dated 18.10.2005 issued the process against the revisionists for summon and to face the prosecution under Section 138 of Negotiable Instruments Act, which is impugned in the present criminal revision.

(3.) I have heard learned Counsel for the revisionists, learned Counsel for the complainant and learned A.G.A. and also perused the materials available on record.