VINOD HINGORANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel for the applicant/original accused No. 4, learned A. P. P. for the State and the learned Counsel for respondent No. 2/original complainant. Perused the reply filed by the respondent No. 2.

(2.) This application challenges an order passed by the learned Magistrate issuing process upon a complaint filed for the offence punishable under section 138 of the negotiable Instruments Act. The complaint pertains to dishonour of cheque amounting to Rs. 35,092/ -. One cheque is of Rs. 35,000/- and the other cheque is of Rs. 92/- only. Admittedly, the applicant is not signatory of the cheques. The order issuing process was challenged by the applicant in revision being Revision Application No. 98 of 2006. The said revision application was dismissed by the Additional Sessions Judge, greater Mumbai vide order dated 23rd February, 2006. Both these orders passed by the learned Magistrate as well as the Sessions judge are impugned in this application.

(3.) The learned Counsel for the respondent No. 2 submitted that the necessary averments were made in the complaint and she has placed reliance on the averments in the complaint, wherein it is stated as under-