HAQIKAT RAI Vs. AHMAD ALI

JUDGEMENT

(1.) AFTER being unsuccessful in his Criminal Revision No. 34/2000, which stood disposed of by Second Addl. Sessions Judge, Waraseoni, on 16-5-2001, this petitioner seeks exercise of inherent powers for quashment of order dated 25-1-2000, passed by J. M. F. C. Waraseoni, wherein, he dismissed the petitioner's private complaint No. 220/96, so also the aforesaid order dated 16-5-2001, passed by Revisional Court with this prayer that the complaint may be remanded for fresh disposal, according to law.

(2.) AS per the certified copy of complaint of this petitioner, which he filed against the respondent for offences punishable Under Section 138 of the Negotiable Instruments Act read with Sec. 420 of the IPC, which stood registered as complaint case No. 220/96, in the Court of J. M. F. C. , the respondent gave to the petitioner/complainant cheque No. 005761, drawn on State Bank of India, Waraseoni, dated 25-6-1995, for an amount of Rs. 55,000/-, in connection with an outstanding amount against him. On 10th July. 1995, the petitioner presented the cheque in Waraseoni Branch of State Bank of India for encashment, which informed the petitioner on 18-7-1995 that the sufficient amount is not available in the account of respondent and thus returned the dishonoured cheque, to the petitioner. On receipt of dishonoured cheque, the petitioner sent a registered notice dated 26-7-1995 to the respondent demanding payment of dishonoured cheque within a period of 15 days. The aforesaid registered notice of the petitioner was received by respondent on 1st Aug. 1995, yet he did not make any payment and hence the petitioner filed the corn-plaint on 12th Sept. 1995.

(3.) IT is noted that Gagandas, the younger brother and attorney holder of petitioner Haqikat Rai so also Thansingh Bopche, the Accountant of State Bank of India, Branch Waraseoni, have corroborated the averments of the complaint, in their statements recorded Under Section 202 of the Cr. P. C. On the basis of aforesaid evidence, the learned J. M. F. C. took cognizance of offence punishable Under Section 138 of the Negotiable Instruments Act R/w. Section 420 of the IPC, against the respondent. Thereafter, in evidence before charge, the petitioner examined Prakash Kher, the Manager of Waraseoni Branch of State Bank of India, so also himself, who categorically stated that on cheque, marked Ex. P/2, been presented for encashment, the State Bank of India dishonoured the same on the ground of non-availability of sufficient amount in the account of the drawer. The dishonoured cheque is found to have been returned along with letter in this regard, which is marked as Ex. P/4. The aforesaid cheque is found to have been deposited in Stale Bank of India for encashment vide paying slip, marked Ex. P/1. The petitioner is found to have supported the averments of complaint, which are detailed in para 2 of this Order.