NAIMULLA M KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

(2.) LEARNED counsel for the parties state that the facts of this case are identical with the facts in Criminal Revision Application No.656 of 2007. In this case also, the cheque was issued in the name of Vijaya Automobiles, of which the respondent no.2 claims to be proprietor. By an order passed today in Criminal Revision Application No.656 of 2007, I have held that the respondent no.2 has not proved by any evidence that he was proprietor of Vijaya Automobiles and, therefore, he was not competent to file complaint under section 138 of the Negotiable Instruments Act. Hence, for the reasons recorded in Criminal Revision Application No.656 of 2007, this revision application is also allowed. Impugned order of conviction and sentence is set aside and the revision applicant is acquitted of all the charges. The fine and/or compensation, if the same has been paid, be refunded to the applicant. Rule is made absolute accordingly.