PADAM GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision is directed against the order dated 26.10.2010 passed by learned Addl. Chief Judicial Magistrate Ist, Firozabad in Criminal Complaint Case No. 4251 of 2010 (Surendra Kumar Jain Vs Padam Gupta) under Section 138 of Negotiable Instruments Act 1881 (in short N.I. Act), P.S. Tundla, District Firozabad.

(2.) The facts of the case are that opposite party no. 2/complainant lodged a criminal complaint under Section 138 of N. I. Act in the court of learned ACJM Ist, Firozabad alleging therein that he was tenant of a shop in a market situated at Tundla Crossing, belonging to the father of revisionist. It is alleged that some portion of the market was demolished on account of road widening and constructions of four lane road by the National Highway Authority. Revisionist asked the complainant for vacating the said shop, promising to restore back the shop after reconstruction. It is also alleged that the complainant was also paid Rs. 1,50,000/- as compensation for the period of closure of the shop. The revisionist is said to have drawn a cheque under his signature being Cheque No. 622350 dated 20.6.2010 for Rs. 1,50,000/- in favour of the complainant payable at SBI Branch Tundla, District Firozabad. When the complainant presented the said cheque in his account No. 13652191003175 in Oriental Bank of Commerce Branch at Tundla, the same was returned to the complainant on 21.7.2010 by the said bank with an endorsement of 'insufficient funds'. It is further alleged that the complainant sent a statutory notice through his advocate on 30.7.2010 but the revisionist did not pay Rs. 1,50,000/-.

(3.) Learned Magistrate after recording the statement of the complainant under Section 200 Cr.P.C. and his witnesses under Section 202 Cr.P.C summoned the revisionist vide order dated 26.10.2010 to face the trial for the offence under Section 138 Negotiable Instruments Act, 1988. It is against this order, present revision has been filed.