ASHOK AMBALAL SHAH Vs. GURUVACHAN

JUDGEMENT

(1.) The present revision petition is against the order dated 23-3-1991 passed by Smt. Beena Tiwari, Judicial Magistrate First Class, Damoh in Criminal Case No. 139/91 taking cognizance of the offence under S. 420 of the Indian Penal Code on the private complaint filed by the non-applicant against the applicant. The applicant prays for quashing of the proceedings.

(2.) According to the applicant, he is the resident of Ahmedabad-Gujarat. He is a businessman. He never visited Damoh and he does not know the non-applicant, Guruvachan Singh, and had never met him.

(3.) The non-applicant has filed a complaint against the applicant before the Court of Judicial Magistrate First Class, Damoh on 23-3-1991 alleging that the applicant came to Damoh and wanted an amount of Rupees 60,000/- for his business purpose, which the applicant (non-applicant?) advanced after taking the post dated cheque on 27-6-90 in the presence of Ishwar Singh Vasu, with whom the applicant is said to have come and also in the presence of Narayan Singh and Govind Singh. The post dated cheque was dated 27-12-1990 and cheque No. is O211538 for Rs. 60,000/- according to the non-applicant, this cheque was dishonoured when presented to the Bank after 27-12-90 and he received it back on 11-1-91 with the remark that the payment has been stopped by the applicant. The non-applicant, therefore, filed a private complaint before the trial Magistrate on 23rd March, 91.