RAMANAND SHRIKISHAN SHARMA Vs. KAILASNATH RAMRAJ TRIPATHI

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. With the consent of the parties both the petitions are taken up for final hearing immediately.

(2.) TO state in brief, the present petitioner filed two complaints under section 138 of the Negotiable Instruments Act against respondent No. 1 on the ground that he had issued two cheques which were, on presentation, dishonoured for want of sufficient funds and in spite of notice, respondent No. 1 failed to make payment. After filing of those complaints by the petitioner, respondent no. 1 lodged two complaints before the Judicial Magistrate for offences punishable under sections 464, 468, 389, 420 read with section 511 of the Indian penal Code against the present petitioner. The learned Magistrate directed the police to make investigation under section 156 (3) of the Code of Criminal procedure. After investigation, instead of filing charge-sheet the police submitted a report as if the investigation was under section 202 of the Criminal Procedure code. In view of the police report and the evidence collected by the police, the learned Judicial Magistrate issued process against the present petitioner. Those complaints were registered as Regular Criminal Case Nos. 1524/2002 and 293/2003 pending before the Court of the 8th Judicial Magistrate, First Class, aurangabad.

(3.) THE petitioner preferred applications for discharge before the learned judicial Magistrate. Those applications were rejected. Thereafter, the petitioner filed Revision Application Nos. 205/2005 and206/2005 which also came to be dismissed by the learned Additional Sessions Judge, Aurangabad by orders dated 10-11-2005. The petitioner seeks to quash and set aside the orders passed by the courts below by filing these two writ petitions under Article 227 of the constitution read with section 482 of the Code of Criminal Procedure.