RAJESHKUMAR JAYANARAYAN SINGH Vs. SIDDIQUI SHAKEEL AHMED

JUDGEMENT

(1.) THE original accused Rajeshkumar Singh and Samuel joseph filed present petition challenging the order dated 22/8/2003 passed by the 4th Additional Sessions Judge, Aurangabad in Criminal Revision no. 94/2003.

(2.) THE facts, in nut shell, leading to the present petition are that, the petitioners are residents of Waluj, Aurangabad and are Chairman and secretary o,f the New Friends Co-operative Housing Society at Waluj, aurangabad. They have also opened a bank account bearing current account No. 42 on 15/4/1997 with District Central Cooperative Bank. It is claimed that on 1/8/1998 the petitioner No. 2, who is Secretary, made report to the bank authorities about missing of Cheque No. E-828972 from the account maintained by the Society and the bank authorities have also taken note of it. It is contended that on 8/11/1998 Respondent presented said missing Cheque by filling it and the same is returned bounced with remark balance insufficient. The Respondent thereafter issued notice on 9/12/1998 through his Advocate by registered post A. D. It is claimed that the complainant thereafter filed complaint and same is registered as Summary Criminal case No. 29/1999. In spite of the fact that notice is not served on 21/9/2003 the matter was posted for evidence, evidence of complainant is recorded on 21/9/2002, which is at Exhibit 'd' and he admits that the cheque is filled up by him and signed by the accused. It is contended that the petitioner No. l has not signed said cheque. It is also claimed that the present petitioners have filed an application exhibit 71 with a request to discharge the accused. The Judicial Magistrate (First Class) Aurangabad accordingly allowed said application Exhibit 71 and dismissed the complaint by order dated 27/2/2003. The Respondent original complainant being dissatisfied with the said order filed Criminal Revision Application No. 94/2003 and the Additional Sessions judge allowed said revision by order dated 22/8/2003. Said order is challenged by filing present revision with a request to set aside the order passed by the Additional Sessions Judge and to restore the order passed by the Judicial Magistrate (First Class) dismissing the complaint.

(3.) IN the petition I heard Shri J. N. Singh Advocate for the petitioners and Shri S. A. Naqshbandi and Shaikh Shakil Ahmed for the Respondents. Along with present petition certain documents are filed including the evidence adduced by the Complainant, documents including the form opening bank account, letter given by the petitioner to the Manager, District Central Co-operative Bank about missing of blank cheque i. e. letter dated 1/8/1998, cheque dated 11/11/1998 and the letter issued by the bank authority about the return of cheque on account of ] in sufficient funds and the statement of complainant at Exhibit 51, copy of the complaint, order below Exhibit 71 and order passed in revision and say filed by present petitioners in the said revision.