ASHOK DUBEY Vs. BADRIPRASAD MEENA

JUDGEMENT

(1.) Heard counsel for the parties finally.

(2.) This petition under section 482, Criminal Procedure Code filed by the petitioner is directed against the impugned order dated 14th July, 2011 passed by the trial Court, whereby his objection to the maintainability of the complaint against him under section 138 of Negotiable Instruments Act has been rejected.

(3.) Briefly stated the facts of the case giving rise to this petition are that the respondent had filed a private complaint under section 138 of Negotiable Instruments Act against the petitioner Ashok Dubey with regard to bouncing of a cheque purported to had been issued by one S. K. Rathore. The petitioner is not the signatory to the cheque in question. However, the trial Court took cognizance against the petitioner on the private complaint under section 138 of Negotiable Instruments Act filed against him by the respondent and after cognizance was taken, the petitioner appeared before the trial Court and apprised the trial Court by way of his objection that he is neither the signatory to the cheque in question nor the account from which the said cheque was issued belongs to him. He is stated to have also filed copies of the statements of account from which cheque in question was issued by one Mr. Sant Kumar Rathore to show that the account belongs to Mr. Sant Kumar Rathore and not to the petitioner. Since the cheque in question prima facie does not bear the signature of the petitioner and even the account from which the said cheque was issued belongs to one Sant Kumar Rathore and not to the petitioner, the private complaint filed by the respondent against the petitioner under section 138 of Negotiable Instruments Act was not maintainable and was liable to be rejected at the threshold. The perversity in the impugned order of the trial Court is writ large and therefore, this Court in exercise of its inherent powers under section 482, Criminal Procedure Code hereby set aside the impugned order dated 14th July, 2011 and discharge the petitioner in the private complaint case filed against him by the respondent. Respondent shall be at liberty to take such legal proceedings against the petitioner concerned, who had issued the cheque in question as per law. This petition is disposed of accordingly.