MAHFOOZ CARPETS Vs. ORIENTAL RUG MANUFACTURERS

JUDGEMENT

(1.) J. C. Mishra, J. This revision has been filed by the accused firm and its al leged partners against the order dated 10th June, 1991 passed by Additional Sessions Judge, Gyanpur allowing the revision preferred against the order dated 5-2-91 passed by the Judicial Magistrate, Gyan pur, dismissing the complaint under Sec tion 203 of the Code of Criminal Proce dure and discharging the accused under Sections 138/141/142of the Negotiable In struments Act (as amended by Act No. 66 of 1988) (for short 'the Act') and summon ing the accused-revisionist after setting aside the order.

(2.) THE complainant, Oriental Rug Manufacturers through its proprietor Smt. Badrunnisa (hereinafter called the complainant) filed a complaint against M/s. Mahfooz Carpets, Smt. Asma Begum and Mahfooz Alam on the allegations that accused issued a cheque on 17th March, 1989 but it was dishonoured on 1st May, 1989. THE complainant sent a notice on 10th May, 1989 giving opportunity to the accused to pay the amount mentioned in the cheque but with no result. THE complainant prayed for punishing the accused under Sections 138/141/142 of the Act.

(3.) LIST revised. None appeared for the revisionists. Heard Sri R. N. Upadhyay, learned counsel for the O. Ps. 1 and 2 and Sri A. K. Singh, learned Additional Government Advocate.