BIPIN J SHAH Vs. NIRU B MEHTA

JUDGEMENT

(1.) THIS Criminal Application is filed by the applicant Bipin Shah, being aggrieved by the order dated 27-1-1995 passed by the Metropolitan Magistrate, 28th Court, Esplanade, Bombay in C. C. No. 902/s/90. By the impugned order, the learned Metropolitan Magistrate rejected the application for discharge made by the accused No. 2/present applicant Bipin Shah.

(2.) FEW facts which are required to be stated are as follows :

(3.) THE complainant has further stated in her complaint that she deposited the said cheque in her bank account with the Corporation Bank at Kalbadevi. However, the said cheque was dishonoured and came back with a remark "funds insufficient" on 22-3-1990. Thereupon, she addressed the legal notice dated 6-4-1990 to accused No. 1 calling upon him to arrange to pay her amount of Rs. 2,43,000/- since the cheque, as stated above, had been returned by her bankers duly dishonoured. Thereafter, she received a reply from an Advocate on behalf of accused No. 1 Ashok Mehta dated 20-4-1990, wherein it was denied by accused No. 1 that he had ever issued any cheque. It was also denied that any payment at all was due to the complainant from accused No. 1. It was stated by accused No. 1 in the said letter that the cheque in question was stolen and that in fact the complainants husband must have stolen the said cheque and given it to her. The complainant felt cheated and therefore, filed complaint dated 20-2-1995 in the 28th Court of Metropolitan Magistrate.