SUDHIR Vs. SUSHILA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 by the accused persons is directed against the order dated 9-2-2005 passed by the Third Additional Sessions Judge, Damoh, whereby he has dismissed the revision confirming the order of framing of charges as passed by the Trial Court.

(2.) THE Chief Judicial Magistrate Damoh, on the basis of complaint case filed by the respondent, has issued process against the petitioners and co-accused Rishi Dhagat for offences under Sections 138/141 of the Negotiable Instruments Act, 1881 and Sections 420, 422, 427 and 120-B of the Indian Penal Code.

(3.) THE case of the respondent is that the petitioner Nos. 1 and 2 are husband and wife whilst petitioner No. 3 and co- accused Rishi Dhagat are their sons. They are Joint Hindu Family and are owner of the shop that belonged to the father of petitioner No. 1. The petitioners are Jewellers by profession. On 11-12-2002, the petitioners had approached the respondent and took a loan of Rs. 20,00,000/- (Rupees Twenty lacs) for the betterment of their business. They executed a hand note as a security. The principal sum with interest was to be returned within one year. The respondent requested the petitioners on 30-1-2004 to repay the loan of Rs. 20,00,000/ (Rupees Twenty lacs) with interest of Rs. 10,00,000/- (Rupees Ten lacs ). All the petitioners assured the respondent that co-accused Rishi Dhagat has a Bank account and he shall repay the loan amount by issuing two cheques. Consequently, co-accused Rishi Dhagat issued a cheque of Rs. 10,00,000/- (Rupees Ten lacs) on 30-1-2004 and Rs. 20,00,000/- (Rupees Twenty lacs) on 31-1-2004 in favour of the respondent. However, when these cheques were presented to the Bank, they were returned unpaid with an endorsement "account closed". The respondent recorded her statement and the statement of Dayachand Gangra in support of her complaint case.