PRATHIK CHANDARAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The learned Judge of the Sessions Court having rejected a Revision Application by the impugned order, the Original Accused No.2 has filed this present application seeking this Court's interference under Article 227 r/w. 482 of the Cr.P.C.

(2.) It is the case of the Applicant that the complaint filed by the Second Respondent before the learned Magistrate alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act being C.C. No.79/SS/2009 alleges that the loan has been advanced to the Applicant as also the co-Accused. In due repayment thereof, the co-Accused forwarded the cheque which came to be dishonoured on presentation. There was a legal notice issued and thereafter, the instant complaint has been filed.

(3.) From a perusal of the complaint, the Complainant's Counsel could not point out to me as to how the present Applicant has been arrayed as an Accused. Beyond inviting my attention to Section 141 of the Negotiable Instruments Act, the Counsel could not point out anything from the complaint which would enable the Court to issue process summoning the Applicant/Co-Accused.