PRAFUL MULCHAND JAIN Vs. ABDUL SAMEER ABDUL SAJED

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned Counsel for the respective parties and with consent, the petition is taken up for final hearing.

(2.) This petition is filed by the Petitioner (original accused) under Article 227 of the Constitution of India, praying that the order 2 dated 9.9.2010, passed by the learned 6th District and Sessions Judge, Aurangabad, regarding nonregistration of Criminal Revision Application be set aside and the said learned Judge be directed to register the said Criminal Revision Application.

(3.) It is the contention of the Petitioner that he is dealing in electronic goods as well as development of properties at Aurangabad and was having friendly relations with Respondent No. 1 i.e. original complainant. Respondent No. 1 gave hand loan of Rs. Five Lacks to the Petitioner on 15.12.2008 for the short term of 15 days on the request of the Petitioner to overcome the financial needs and personal problems of the Petitioner. Accordingly, after lapse of 15 days, Respondent No. 1 demanded the said loan amount from the Petitioner. Thereupon, the Petitioner issued cheque No. 16622, dated 2.1.2009 for Rs. Five Lacks to Respondent No. 1, drawn on Jammu and Kashmir Bank, Branch Aurangabad. Accordingly, Respondent No. 1 presented the said cheque for encashment purpose, but same was dishonored and was returned unpaid. Hence, Respondent No. 1 gave notice to the Petitioner on 1.2.2009 and demanded the Petitioner the said amount of the cheque. However, the Petitioner herein failed to comply with the requisitions contained in the said notice. Hence, Respondent No. 1 filed complaint against the Petitioner under Section 138 of the Negotiable Instruments Act bearing S.C.C. No. 1585 of 2009 in the court of Judicial Magistrate, First Class, Aurangabad.