AHUJA NANDKISHORE DONGRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Accused Ahuja Nandkishore Dongre has filed this application under Section 482 of the Code of Criminal Procedure, taking exception to the order passed by learned Judicial Magistrate First Class, Digras in Criminal Case No. 856/2005, whereby the learned Magistrate rejected applicant's application at Exh. 51, challenging jurisdiction of the Court of the learned Magistrate to take cognizance of complaint filed by Non-applicant No. 2 Dashrath Rathod-original complainant.

(2.) The facts relevant for determination of questions raised in this application, as unfolded from the arguments advanced on behalf of both the learned counsel for accused and the complainant, are as under :

(3.) Complainant Dashrath Rupsingh Rathod is resident of village Soyjana, Tah. Manora, District : Wasim. He was serving as driver in Maharashtra State Road Transport Corporation at Bhandara. The accused is resident of Bhandara. Since the complainant was serving at Bhandara and was on friendly relations with the accused, on a request by the accused for a hand loan, the complainant gave a sum of Rs. 35,000/- as hand loan to the accused. The accused issued three cheques of Rs. 15,000/-, Rs. 10,000/- and Rs. 10,000/- payable on 7th of August, September and October of the year 2004 towards repayment of this hand loan. These cheques were drawn on Bank of India, Bhandara Branch. The complainant presented these cheques for encashment on 27th January, 2005 at Digras Branch of Yavatmal Urban Co-operative Bank. Inquires by the complainant revealed that the cheques had been returned by Bank of India, Bhandara with the endorsement that the account was closed. The complainant, therefore, caused notice to be issued on 2nd March, 2005 through Adv. Ramesh N. Datir, resident of Digras, District : Yavatmal, Calling upon the accused to pay the amount of cheques. Notice was received by the accused on 10th March, 2005. The accused however, failed to pay amounts of cheques and did not even care to reply. The complainant therefore, filed complaint for the offence punishable under Section 138 of the Negotiable Instruments Act in the Court of Judicial Magistrate First Class, Digras, District : Yavatmal.