DATTATRAYA Vs. DILIP

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure challenging the issue of process under Section 420 of the Indian Penal Code. The order has been passed by the Chief Judicial Magistrate, Nagpur in Regular Criminal Case No. 215190 on his file.

(2.) NON-APPLICANTS 1 and 2 filed a criminal complaint in that Court against the applicant both under Section 138 of the Banking Public Financial Institution and Negotiable Instrument Laws (Amendment) Act, 1988 (hereinafter referred to as T1the Act) read with Section 420 of the Indian Penal Code. The facts stated in the complaint are as follows:

(3.) THE accused-applicant is a businessman dealing as a Broker. He was in need of money and as such, he approaced the complainants-non-applicants 1 and 2 and requested them to give him Rs. 10,000/- Both of them gave him Rs. 10,000/- (Rs. 5,000/- each) by cheques. The accused promised to repay the amount on or before 20. 8. 1989. The accused was thereafter approached by the complainants and was requested to return the amount. The accused issued two post-dated cheques for Rs. 5,000/- each dated 20. 8. 1989. However, before the due date i. e. 20. 8. 1989 accused-applicant approached the complainants and told them that he could not arrange for the amount and that the complainants should not present the cheques for realisation and changed the date to 5. 5. 1990. He also requested the complainants to present the cheques on the said date and till then, he would make arrangements for money. The case of the complainants is that believing the words of the accused-applicant, the complainants presented the cheques for realisation first on 10. 5:1990 and later on 28. 5. 1990. They were, however, not honoured and returned with the endorsement REFER TO DRAWER.