NARESH KUMAR Vs. PRABHABAI

JUDGEMENT

(1.) This revision petition under section 397/401 of the Code of Criminal Procedure, 1974 preferred by the petitioner/accused is directed against an order dated 4th June, 2010 passed in Criminal Case No. 914/2007 by the Judicial Magistrate First Class, Ganj Basoda, district Vidisha, rejecting thereby a petition for recalling process issued by the trial Court.

(2.) The brief facts, just for the decision of this revision petition, are that accused Sanjay Mahalwar being a Partner of firm named "Pyarelal Tarachand Mahalwar" Ganjbasoda issued a cheque No. 1366904, dated 30th July, 2006 for a sum of Rs. 1,12,000/- and a cheque No. 1481590, dated 20th October, 2006 for a sum of Rs. 1,12,000/-, to be drawn at Bhopal Regional Gramin Bank, Branch Basoda, in favour of the complainant against a borrowed money received by him for the need of the business of the said firm as well as for his personal ground. When the complainant presented these two cheques for encashment at the bank, same were returned for want of sufficient fund in the account of the holder. Then, the complainant sent a legal notice to the petitioner-accused, through registered A/d post. Despite service of notice, the accused did not bother to pay the amount. Consequently, the complaint against the firm and its partners was filed before the trial Court under section 138 of the Negotiable Instruments Act in which cognizance has been taken against the petitioner-accused for the alleged offence. Being aggrieved by the said order, the petitioner filed a petition under section 482 of Criminal Procedure Code (Misc. Cr. Case No. 3460/2009) before this Court and by an order dated 23rd September, 2009 this Court disposed of the same with a following directions :-

(3.) It is contended by the learned counsel appearing for the petitioner that in compliance with the directions aforesaid of this Court, the petitioner filed an application before the trial Court concerned, which was rejected under the order impugned, hence, this revision.