ARIF KHAN Vs. SMT. KASTURI DEVI GUPTA

JUDGEMENT

(1.) Heard.

(2.) Applicant invoked the extra ordinary jurisdiction of this Court u/s 482 of Cr.P.C for quashment of order dated 4/07/2011 passed by JMFC, Nagod District Satna whereby cognizance against this applicant was taken under section 138 of Negotiable Instruments Act on the basis of complaint filed by respondent.

(3.) The facts in short giving rise to this petition are that respondent filed a complaint against this applicant before JMFC alleging interalia that applicant borrowed INR 2,72,000.00 from her and executed an agreement (Ikrarnama) as well as he issued a cheque no. 707075 of State Bank of India, Branch Nagod. Respondent presented the aforesaid cheque in the Bank but the same was dishonoured due to insufficient fund in the account. Despite notice applicant has not repaid the said amount therefore, respondent filed a complaint before JMFC against him. Trial Court after considering the affidavit and statement of complainant took cognizance u/s 138 of Negotiable Instruments Act against the applicant. Being aggrieved, he filed a revision petition before Sessions Court and Sessions Court vide order dated 21/07/2011 dismissed the revision petition hence, this petition.