D N KAOL Vs. ARVIND PATHAK

JUDGEMENT

(1.) HEARD on admission. The applicant has challenged the order dated 17.4.2012 passed in Criminal Revision No.10/2012 by the learned Additional Sessions Judge and Special Judge, Chhattarpur whereby the order dated 2.2.2011 passed by the learned CJM Chhattarpur in Complaint Case No.158/2011 was confirmed by which the complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "N.I.Act") was registered.

(2.) THE brief facts of the case are that the respondent has filed a criminal complaint against the applicant that the applicant issued a cheque in favour of the respondent which was dishonoured. After giving a notice of demand the applicant did not pay the amount of the cheque. Hence the complaint was registered vide order dated 2.2.2011 by the CJM Chhattarpur. The Criminal Revision filed by the applicant was also dismissed. The learned counsel for the applicant has given his stress on the agreement of sale of the vehicle to show that the agreement took place between the respondent and one Brijendra Prasad Kol. Therefore, the applicant was not at all responsible for payment of any sum to the respondent, hence no criminal complaint could lie against the applicant.

(3.) ON the other hand, the learned counsel for the respondent has submitted that if the applicant was not connected with the transaction, then why he has issued a cheque in favour of the respondent. It is admitted that the cheque was issued by the applicant from his own cheque book by appending his own signature, and therefore it is for him to establish before the trial Court that he was not involved in the transaction.