ANIL KUMAR Vs. STATE OF U.R

JUDGEMENT

(1.) THIS revision has been filed against the order dated 16.8.2003, passed by Chief Judicial Magistrate, Ballia in Case No. 3099 of 2002, Shailesh Kumar Pandey Vs. Anil Kumar under section 138 of Negotiable Instruments Act, 1881, by which accused Anil Kumar has been summoned.

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

(3.) SECTION 138. Dishonour of cheque for insufficiency. etc. of funds in the account.- Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for (a term which may be extended to two years), or with fine which may extend to twice the amount of the cheque, or with both :