MADHAV DATTATRAYA DIKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both the Advocates. Perused the proceedings. Petition restored to file and taken up for hearing forthwith.

(2.) HEARD. It appears that complaint was filed by Ameesh Jayant Killedar, residing at 293, Sadashiv Peth, Pune dated 20th July, 1989 to the effect that he was doing business of milk selling at Pune, along with his wife. It is further stated in the said complaint that the Petitioner Madhav Dike is the owner of one milk store and that, he was in difficulty, as some matter relating to Cosmos Bank was going on, in which he was involved. He therefore, in the month of March, 1988, asked for friendly loan of Rs. 10,000/- from him, assuring that he would repay that amount as soon as he could arrange for some money. He also at that time, by way of collateral security, handed over Cheque No.151107 drawn on the Cosmos bank, Laxmiroad Branch, Pune. He also gave instructions not to deposit that cheque in the Bank, unless the Petitioner received instructions from the complainant. As per the case of the complainant, the complainant, thereafter, on 4th April, 1989, had gone to the Petitioner's shop, in the morning, and at that time, was told by the complainant that complainant had deposited some amount in Cosmos Bank, and therefore, he could deposit the cheque for Rs. 10,000/- in the said Bank, by putting the date 4th April, 1989. Accordingly, the complainant deposited the said cheque in his account of Rupee Cooperative Bank, Laxmiroad Branch. However, when he went there after three days to make enquiries as to whether money had been credited in his account, he learnt that the account of Mr. Dike i. e. present Petitioner was closed because there were no funds, and the cheque was dishonoured. The complainant realised that he was cheated. He therefore filed complaint dated 20th July, 1991 at Narayan Peth Police Chowki, Pune. Cognizance was taken by the learned Judicial Magistrate, First Class, Court No.4, Pune, and process came to be issued. The Petitioner appeared before the Judicial Magistrate's Court and at present, he is on bail.

(3.) IN view of the Judgment of the Supreme Court in K. M. Mathew Vs. State of Kerala reported in AIR 1992 SC 2206, following order is passed. The matter is remanded back to the Judicial Magistrate, First Class, Pune, with the direction to proceed in accordance with law, after giving notice to the complainant Ameesh Jayant Killedar. With this direction, Writ Petition is dismissed. Rule discharged. INterim order dated 11th February, 1993 is hereby vacated. Writ to be sent forthwith. Petition dismissed. .