AMIT DUBEY Vs. ARVIND DUBEY

JUDGEMENT

(1.) With the consent of the learned Counsel for the parties, matter is heard finally. The applicant has challenged the proceedings before the JMFC, Jabalpur relating to Complaint Case No. 8960/2009 under Section 482 of Cr.PC.

(2.) Facts of the case are that, the respondent has moved a complaint for offence punishable under Section 138 of Negotiable Instruments Act against the applicant that cheque dated 2-3-2009 issued by the applicant was dishonoured.

(3.) Learned Counsel for the applicant submits that cheque given by the applicant was of Jila Sahakari Kendriya Bank Maryadit, Seoni and therefore, it was to be produced before the same bank for its encashment. The respondent did not produce that cheque to the particular bank. It was produced before the State Bank of India and State Bank of India has returned the same with the remark that State Bank of India has no account with Jila Sahakari Kendriya Bank Maryadit, Seoni. Learned Counsel for the applicant placed his reliance upon the judgment passed by Hon'ble the Apex Court in case of Shri Ishar Alloy Steels Ltd. Vs. Jayaswals Neco Ltd., 2000 3 MPLJ 216. It is further submitted by the learned Counsel for the applicant that State Bank of India, Branch Rampur, Jabalpur was not the bank which was referred in proviso (a) of the provisions of Section 138 of Negotiable Instruments Act and therefore, it cannot be said that the cheque was dishonoured within six months of its issuance and therefore, no offence under Section 138 of Negotiable Instruments Act is made out. Consequently, complaint cannot be prosecuted against the applicant.