ARUN KUMAR Vs. SUBH SRI ENTERPRISES

JUDGEMENT

(1.) Instant revision is arising out of order dated 16.9.2003 in case No.3404 of 2003, whereby the summoning order was passed against the revisionists under Section 138 Negotiable Instruments Act and also the order dated 18.3.2004 passed in Case No. 885 of 2003, whereby the objection of the revisionists against the summoning order was rejected by the court below.

(2.) I have heard the learned counsel for the revisionist, the learned AGA and perused the record.

(3.) From the perusal of record, it appears that the Opposite Party No.2 had filed a complaint under Section 138 Negotiable Instruments Act, with the allegation that the revisionist had issued seven Cheques in respect of the business transaction taken place between the parties, when the said Cheques were submitted before the bank concerned for encashment the Cheques were dishonoured on account of in sufficient funds in the account of the revisionist. Therefore, the notice was given to the revisionist through registered posts. Despite the notice was given no payment was done by him. Therefore, the complainant had to file complaint against the revisionist along with the photocopy of the bank receipts, receipts of service of notice etc. before the court of the learned Chief Judicial Magistrate. The court below after going through the complaint prima facie found that the case is made out against the accused revisionists and passed the summoning order to face the trial. The revisionists filed an objection against the summoning order dated 16.9.2003, which too was rejected by the court below on 18.3.2004, holding that the accused revisionists have not surrendered before the court below and obtained bail and the objection to recall the order of summon cannot be allowed, instead the revisionists can claim discharge under Section 245 Cr.P.C.