RAM RANG DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Digvijay Singh, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and Sri Alok Kumar Srivastava, Advocate holding brief of Sri Dinesh Kumar Chaudhary, learned counsel for opposite party no. 2.

(2.) The applicant by means of the present application under sec. 482 Cr.P.C. has challenged the legality and validity of the order dtd. 28/08/2019 passed by the Sessions Judge, Balrampur in Criminal Revision number 42/2019 whereby while dismissing the revision the revisional Court has not found any infirmity with the order dtd. 27/04/2019 passed by the Civil Judge (Senior Division), F.T.C/Additional Chief Judicial Magistrate, Balrampur who had rejected the application for discharge moved by the applicant.

(3.) It has been submitted by the learned counsel of the applicant that the complainant was lodged by the opposite party no. 2, under Sec. 138 of the Negotiable Instruments Act. In the said complaint it was alleged that the complainant had given large sums of money to the applicant between 2009-2013. The applicant had repaid the said amount to the complainant by means of cheque number 21002263 dtd. 22/05/2015 for an amount of Rs.8.00 lakhs in favour of the complainant. When the said cheque was presented by the complainant to his banker, the same was returned with the remarks "fund is insufficient". Consequently on 27/05/2015 the complainant send a notice by registered post through his counsel to the applicant which was returned with the remark that he had refused to take notice, and therefore the complaint was filed which was registered as Complaint Case No. 766/2050 - Sanjay Kumar Modi vs Ram Rang Dubey.