GOVIND KANDELWAL Vs. R S SOMANI

JUDGEMENT

(1.) THIS is a revision petition filed by the applicant/accused under section 397 read with Section 401 of the Code of Criminal Procedure against the order passed by the learned First Additional Session Judge, Indore in criminal Revision No. 367 of 1999 whereby allowed the revision and remanded the case to the Trial Court to record the evidence of the parties and thereafter decide whether the complaint has been filed in time or not and whether the complaint is maintainable or not.

(2.) THE facts of the case, in brief, are that the respondent R. S. Somani filed a criminal complaint before the Trial Court against this applicant/accused under Section 138 of the Negotiable Instruments Act, 1981 read with Section 420,i. P. C. alleging therein that for the payment of the amount of Rs. 20,000/-the applicant issued a Cheque No. 562027 dated 28. 9. 1997 of Canara Bank, soyaganj, Indore. The aforesaid cheque was presented for encashment but the same was dishonoured on the ground of "insufficient funds". The intimation of this was given to the applicant on 4. 10. 1997. Thereafter the applicant stated that the cheque be presented again for encashment. The respondent/complainant believing on the version of the applicant presented the cheque again in the Bank but the same was again dishonoured and thereafter a fresh notice was issued on 8. 12. 1997 and he filed the complaint on 2. 1. 1998. The learned Trial Court rejected the application as barred by limitation on the ground that the same was not filed within the period prescribed under the Act on the ground that the same was not filed within the period prescribed under the Act on the basis of the first dishonour of cheque. Against which the complainant/respondent filed a criminal revision before the First Additional Session Judge. By order dated 11. 1. 2000 the learned Session Judge allowed the revision and remanded the case for recording the evidence of the parties and to decide the case on merits. Being aggrieved by the order, the applicant/accused filed this revision.

(3.) I have heared the learned Counsels for the parties and perused the record.