MONICA SUNIT UJJAIN Vs. SANCHU M. MENON

JUDGEMENT

(1.) The applicant is aggrieved by order dtd. 26/6/2015 passed by Additional Sessions & District Judge-3, Thane in Criminal Revision Application No.134 of 2015.

(2.) The applicant is the original complainant in S.C.C. No.7963 of 2015 pending before the Court of 4th Joint Judicial Magistrate, First Class, Vashi at CBD Belapur, Navi Mumbai. The complaint was fled alleging ofence punishable under Sec. 138 of Negotiable Instruments Act. The learned Magistrate issued process. The respondent No.1 and 2 challenged order of process by preferring revision application before the Sessions Court. The learned Sessions Judge vide order dtd. 26/6/2015 allowed the revision application and set aside the order issuing process dtd. 9/4/2015 passed by learned JMFC, Vashi, Navi Mumbai.

(3.) The case of the complainant is that the accused No.1 is partnership frm and accused No.2 and 3 are partners of accused No.1. In February 2014, accused No.2 and 3 approached complainant for fnancial help and sought friendly loan of Rs.12,00,000.00. The complainant transferred Rs.7,50,000.00 to accused by RTGS on 22/2/2014 and sum of Rs.4,50,000.00 was paid in cash to accused on 22/2/2014. The accused executed MOU admitting receipt of Rs.12,00,000.00 and undertook to repay the loan on or before 30/8/2014. The accused issued fve cheques bearing Nos. 068172, 068173, 068166, 068170 and 068168 in favour of complainant. The complainant presented the cheques which were dishonoured for the reason "Alteration". The complainant suspected that the accused have deliberately made mistake while writing name of complainant on the cheque. The accused issued fresh cheque dtd. 11/3/2015 for Rs.11,50,000.00. The accused issued notice dtd. 2/3/2015 by which the accused admitted the loan transaction and liabilities of Rs.5,50,000.00. The accused however, made false claim in the notice stating that cheques were issued by way of security. Cheque were presented by the complainant which was returned with remark "Payment stopped by the drawer". The demand notice dtd. 17/3/2015 was sent to the accused. The complaint was fled before the Court of 4th Joint Judicial Magistrate First Class, Vashi at CBD Belapur, Navi Mumbai.