PREMCHAND PRITHVIRAJ KOTECHA Vs. MATADIN KHAIRATIMAL JISHI

JUDGEMENT

(1.) RULE. Rule made returnable forthwith by consent.

(2.) THE petition arises from the order passed by the IIIrd Additional Sessions judge, Jalgaon dismissing the revision application filed by the petitioner against the framing of charge under section 138 of the Negotiable Instruments Act read with section 420 of I. P. C.

(3.) THE facts in brief, relevant for the decision are that the petitioner had borrowed a sum of Rs. 20,000/- from the respondent no. 1 against issuance of a post dated cheque for a sum of Rs. 22,000/- drawn in favour of the respondent no. 1. The amount, becoming due and payable under the said cheque, the respondent no. 1. presented the said cheque for encashment. However, the same was dishonoured on the ground of insufficiency of funds to the credit of the account of the accused in the Bank on which the said cheque was drawn. The fact of dishonour of the cheque was intimated to the petitioner by the respondent no. 1 by notice dated 29. 4. 1992 which was received by the petitioner on 5. 5. 1992. Despite the notice of demand, the petitioner having failed to pay the amount, the respondent no. 1 filed complaint under section 138 of the Negotiable Instruments Act on 20. 5. 1992. After recording the statement of the respondent no. 1 himself as well as the Bank Officer, and after hearing both the parties, while overruling the objection raised by the petitioner that the complaint was premature, the trial Court decided to frame charge against the petitioner for the offence punishable under section 138 of the said Act r. w. 420 of I. P. C. by its order dated 7. 9. 1992.