BAPULAL B KACCHI Vs. KRUPACHAND JAIN

JUDGEMENT

(1.) This criminal revision is directed against the order dated 2-7-2002 passed by the learned Sessions Judge, Shajapur in Cr. Rev. No. 161/2001 thereby setting aside the order passed by the learned Chief Judicial Magistrate, Shajapur on 6-7- 2001 in Cr. Case No. 9/2000 whereby the learned Chief Judicial Magistrate refused to register the complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act') against the applicant/accused-Babulal.

(2.) Briefly stated, the facts of the case are that the accused issue a cheque bearing No. 011016 dated 8-11-99 for a sum of Rs. 21,060/- in the name of complainant Krupachand on Union Bank of India, Shajapur Branch with a request to get it encashed after five months. The complainant/N.A. presented the said cheque to the Bank for encashment on 3-5-2000, but on account of shortage of funds in the account of the accused/applicant, the said cheque returned dishonoured. On 4-5-2000, the complainant informed the accused about dishonour of the cheque by Registered Post and demanded payment of money within five days. On 8-5-2000, the complainant lodged the complaint under Section 138 of the Act. On 5-1-2001, the learned Chief Judicial Magistrate recorded the statements of the Complainant and his witness Bank Manager under'Sections 200 and 202 of the Code of Cr. P.C. Learned Magistrate found that the registered notice sent by the complainant to the accused was received by him between 13-5-2000 and 17-5-2000 and the complaint should have been filed within 15 days from the date of receipt of the notice by the accused. On this ground, the learned Magistrate refused to register the case and dismissed the complaint of the Non-applicant.

(3.) Against this order, the Non-applicant went up in the revision and the learned Revisional Court set aside the order of the trial Court and remanded the case Hence, this revision.