KAILASH S/O NATTHUJI WAGHMARE Vs. MAHARSHI SUDARSHAN BAHUUDDESHIYA SEVA SAHAKARI SANSTHA MARYADIT, NAGPUR

JUDGEMENT

(1.) None for the parties.

(2.) The record reveals that on the earlier date, though Counsel for petitioner was present, as none was present for respondent, matter was adjourned to today with a view to give one more opportunity to respondent to defend the petition on merits. Today neither parties nor their Counsel are present. The petition is, therefore, considered on merits as no record and proceedings are found necessary in view of the fact that challenge in this petition is to orders of learned Magistrate and learned revisional Court not taking cognisance against respondent for the offence punishable under section 138 of the Negotiable Instruments Act. The petition is required to be considered also in view of the fact that stay to trial is operating since 29/8/2009 when notice came to be issued to respondent.

(3.) It is noted that petitioner has filed complaint against respondent/accused No. 1 and two others under section 138 of the Negotiable Instruments Act alleging that respondent/accused No. 1 is Manager of Maharshi Sudarshan Bahuuddeshiya Seva Sahakari Sanstha Maryadit, Nagpur and accused Nos. 2 and 3 are Secretary and Member of said Society having joint account with Nagpur District Central Cooperative Bank Ltd., Nagpur. In the complaint, petitioner has given details of his transactions with accused and issuance of disputed cheque. It is further noted that learned Magistrate after recording verification of complainant and finding that disputed cheque is signed by accused nos. 2 and 3, which came to be dishonoured, issued process against them only and discharged respondent. The said order was assailed by petitioner before learned revisional Court, who by judgment dated 23/1/2009 dismissed the revision. Hence, this petition.