B S BHATNAGAR Vs. AGARWAL INVESTMENT COMPANY

JUDGEMENT

(1.) THIS revision is directed against the order dated 17. 12. 1990 passed by First Additional Chief Judicial Magistrate, Ghaziabad against the applicant in Complaint Case no. 787 of 1990 under Section 138 the Negotiable Instruments act, Police Station-Bihani Gate, District Ghaziabad.

(2.) A complaint dated 23. 10. 1990 was lodged against the applicant by M/s. Agarwal Investment Co. , wherein it had been stated that on 15. 3. 1990 the applicant had issued a cheque No. 43557 drawn on the National Bank Ltd. , Ghaziabad in favour of the complaint for a sum of Rs. 3. 094/- only, and when the said cheque was presented by the complainant through their banker State Bank of India, Kavi nagar, Ghaziabad for collection it was returned with the remark "refer to drawer", the complaint did not mention the date when the cheque had been returned but the complaint to the applied by registered post on 20. 6. 1990 asking the applicant to make the payment of the cheque within 15 days. Alleging that despite the receipt of the said registered notice the amount of the cheque had not been paid, the prayer was made in the complaint to punish the applicant under Section 138 of the Negotiable Instruments Act as amended by Act 66 of 1988. The Magistrate by the impugned order found that a prima facie case under Section 138 of the negotiable Instruments Act had been made out against the applicant with the result that the impugned order summoning the applicant was passed by him.

(3.) I have heard learned Counsel for the applicant as also learned Counsel for the opposite parties.