NARESH DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) These Criminal Revision Nos. 760 of 2000 and 761 of 2000 have been directed against the orders dated 29.11.1999 and 18.4.2000 passed by Civil Judge, Junior Division, Tirwa, District Kannauj in Criminal Cases No. 1265 of 1999 and 1264 of 1999(Dharmendra Mishra v. Naresh Dubey and others), whereby the revisionists have been summoned to face trial and objections moved by them against above summoning orders have been rejected.

(2.) The Criminal Misc. Application (under Section 482 Cr.P.C.) No, 625 of 2004 has been moved by Jitendra Mishra @ Sanjay, Dharmendra Misra, Ajit Doharey and Shyam Sunder Gupta against State of U.P. and Anil Mishra with prayer to quash charge-sheet submitted in Case Crime No. 966 of 1999, under Sections 364, 147, 148, 149, 323 I.P.C., P.S. Kotwali Farrukhabad, District Farrukhabad.

(3.) It transpires from the record that Criminal Case No. 1265 of 1999 was instituted by respondent No. 2, Dharmendra Mishra against the revisionists Naresh Dubey and Brijesh Kumar Dubey in the Court of Munsif Magistrate, Kannauj under Section 138 Negotiable Instrument Act with this allegation that respondent No. 2 had deposited his amount in Farrukhabad Investment Company, Branch Kannauj and on its maturity a cheque No. 077152 dated 6.5.1999 of Bank of India, Kayamganj Branch for sum of Rs.8750/-was issued by Director of above Company in his favour. The respondent No. 2 deposited said cheque for payment in his account of Central Bank of India, Vishnupuri Extension, Lucknow and the said bank informed him through cheque return memo on 23.7.-1999 with this remark that no sufficient amount was available for payment in the said account and thus the said cheque was bounced. The revisionists thus committed cheating by issuing the said cheque which was dishonoured due to insufficient fund in their account. The respondent No. 2 then sent a notice dated 9.8.1999 to the revisionists asking them to pay the said amount but the revisionists did not receive the said notice and returned the same.