HARI PRAKASH SHIVHARE Vs. PRAMOD SHIVHARE

JUDGEMENT

(1.) This petition under Section 482 of the Criminal Procedure Code 1973 has been preferred by the accused/petitioner being aggrieved by an order dated 27 th January 2012 in Criminal Revision No. 479/2011 passed by the First Additional Sessions Judge Dabra, district, Gwalior (M.P.) confirming thereby findings assigned in the order dated 14 th September 2011 of the trial Magistrate Dabra on a private complaint case No. 182/2008.

(2.) The case of the complainant is that on dishonour of cheque drawn by the petitioner-accused in the sum of Rs. 7,45,000 in favour of the complainant, the complainant issued notice to the accused, demanding payment within fifteen days from the receipt of the notice failing which the petitioner would be prosecuted for having committed offence punishable under section 138 of the Negotiable Instruments Act. As the petitioner refused to accept and comply with the notice, a complaint under section 138 of the Negotiable Instruments Act, came to be filed in the Court of the Judicial Magistrate, against him.

(3.) Learned counsel for the petitioner contended that the complaint filed by the respondent is not maintainable as notice issued on the residential address of the accused was received back un-served since the addressee was residing at at a different place and therefore service was not effectively made on him. It is submitted that earlier the petitioner approached this court by filing a petition bearing Mis. Cri.C.No. 7672/2009, which was decided by an order dated 3/5/11, providing liberty to the petitioner to raise all such grounds before the trial court. Pursuant thereto, the petitioner moved an application before the court for dismissal of the complaint being not maintainable for the reasons mentioned above, which came to be dismissed by the order dated 14/9/11. This order was assailed in the revision by him but the same got approval by that court. Hence, once again he had to approach seeking inherent jurisdiction of this court. In support of his submissions, learned counsel placed reliance on a decision in the case of Goa Handicrafts, Rural and Small Scale Industries Development Corporation Ltd. Vs. M/s. Samudra Ropes Pvt. Ltd. and others, 2005 CrLJ 4072.