RAM NIWAS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Akhilesh Srivastava, learned counsel for the petitioner and learned A.G.A. for the State.

(2.) The present writ petition has been filed for issuing order or direction in the nature of certiorari quashing the order dated 9.1.2012 passed by A.C.J.M., Court No.7, Aligarh passed in Complaint Case No.2066 of 2010 "Lokendra Pal Singh Vs. Ram Niwas", under Section 138 N.I. Act, P.S. Akrabad, District Aligarh and order dated 26.9.2013 passed by Additional Sessions Judge/Special Judge (E.C. Act), Aligarh passed in Criminal Revision No.213 of 2013 "Ram Niwas Vs. Lokendra Pal Singh and another".

(3.) The brief facts of the case are that the opposite party no.2 Lokendra Pal Singh as Manager of Shanker Cold Storage filed Complaint Case No.2066 of 2010 with the allegations that the petitioner was liable to pay a sum of Rs.1,91,844.71/- to the complainant for which he issued a cheque in the name of Shanker Cold Storage on 7.5.2010 which was dishonoured by bank for want of sufficient funds. That after dishonour of cheque when the petitioner was contacted, he mentioned that cheque has been dishonoured due to fault of the petitioner and he may present it again to the bank which will be honoured but on the assurance of petitioner when the cheque was presented before the bank it was again dishonoured on 24.5.2010 for want of sufficient funds. That thereafter a notice was sent to petitioner on 15.6.2010 by registered post for ascertaining payment within 15 days but no reply was given so the act of petitioner amounts to an offence under Section 138 N.I. Act as well as Sections 406, 420 I.P.C. After recording statements of complainant and his witnesses under Sections 200 & 202 Cr.P.C., the magistrate vide order dated 19.1.2012 issued process against the petitioner summoning him for the offence under Section 138 N.I. Act. The petitioner filed Criminal Revision No.213 of 2013 before the Sessions Judge, Aligarh which was dismissed vide impugned order dated 26.9.2013 and feeling aggrieved, the petitioner has filed the present writ petition for quashing the two orders mentioned above passed by A.C.J.M and Additional Sessions Judge, Aligarh.