DILIP SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner has challenged the order dtd. 27/09/2022 passed in SCC No.4087/2021 by the Judicial Magistrate First Class, Pune issuing process u/s 138 of the Negotiable Instruments Act . The complaint is filed by the Respondent No.2. It is his case that because of their friendly relations, he advanced Rs.75.00 lakhs as hand loan with interest to the Petitioner. It is the case of the Respondent No.2, that, for some period the Petitioner paid some amount till 30/09/2018. But thereafter stopped making any payment. After some efforts, the Petitioner gave two cheques of Rs.50.00 lakhs and Rs.25.00 lakhs to the Respondent No.2. The cheques were dtd. 30/09/2020 and 16/10/2020. The cheques were dishonoured and after following due procedure the complaint was filed.

(2.) Learned counsel for the Petitioner submitted that this is the second round challenging the process. At the first instance, the learned Magistrate had issued process which was challenged before the Sessions Court. The matter was remanded back before the Trial Court because inquiry u/s 202 of Cr.P.C . was not conducted. In the second round, the process came to be issued. That order of issuance of process is challenged before this Court.

(3.) Learned counsel invited my attention to the notice dtd. 09/12/2020 issued on behalf of the Respondent No.2 as well as to the averments made in the complaint. According to him, these averments clearly show that the entire amount of Rs.75.00 lakhs which was subject matter of the cheques was paid by the Petitioner to the Respondent No.2 and thus the liability under those cheques stood extinguished. In spite of that the learned Trial Judge without giving due weightage to this fact, issued process. In the impugned order there is reference to the interest amount of Rs.30,37,500.00. The said figure is not mentioned in the complaint. It was orally referred by the learned counsel for the Respondent No.2.