MADAN AMLOKCHAND MUTHA Vs. ARVIND AMBALAL SHAH

JUDGEMENT

(1.) This Petition takes an exception to the judgment and order dated 12.12.2003 passed by the learned Addl. Sessions Judge, Pune in Criminal Revision Application No. 499 of 2003 arising out of judgment and order dated 23.07.2003 passed by the learned Judicial Magistrate First Class, Pune below exhibit 51 in Criminal Case No. 1566 of 1993.

(2.) The facts giving rise to filing of the present Writ Petition can, in brief, be stated thus:-

(3.) It is the case of the petitioner that the present respondent No.1 is original complainant, who had filed Criminal Case No. 1566 of 1993 on 22.04.1993 before the learned Judicial Magistrate First Class, Pune under Section 138 read with 142 of the Negotiable Instruments Act, 1981 (for short "N.I.Act") against the present petitioner for dishonour of the cheques. Respondent No.1 and the present petitioner are working in a building contract. It is alleged by respondent No.1 that he completed various constructions of the petitioner since 1980 and an amount of Rs.12,00,000/- was outstanding. It is further alleged that the petitioner agreed to pay the same towards discharge of the said liability. Thereafter, the petitioner had issued two cheques of Rs. 7,00,000/- and Rs.4,00,000/- dated 15.02.1992 and 06.09.1992 respectively, which were dishonoured with a remark "funds insufficient". It is further alleged that an intimation received by respondent No.1 on 15.03.2003. Thereafter, respondent No.1 issued notice to the petitioner on 20.03.1993, and the same was received by the petitioner on 23.03.1993. The petitioner had not paid the money, therefore cause of action under Section 138 of the N.I.Act accrued and consequently, respondent No.1 filed the aforesaid complaint. It appears from the record that the complaint was verified on 28.04.1993 and after verification, the learned Judge issued the process on 28.04.1993 against the petitioner under Section 138 of the N.I.Act.