INDIRA BAXI Vs. SUNITA GOYAL

JUDGEMENT

(1.) HEARD the learned counsel Cor the applicants as well as the learned counsel representing the respondent.

(2.) PERUSED the record.

(3.) THE applicants feel aggrieved by the order passed by the Chief Judicial Magistrate, Morena, dated 15-4-1999, whereunder after taking into consideration the evidence produced by the complainant in regard to the dishonouring of the cheques signed by Smt. Indira Baxi and Chiranjilal Baxi while taking cognizance of the offence contemplated under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) on the ground of dishonouring of the cheques, he had consequently took cognizance of the offence contemplated under Section 420, IPC. It is not disputed that in case the cognizance of the offence under Section 138 of the Act was found to be uncalled for, there could be no occasion for taking the cognizance of the offence under Section 420, IPC.