HARISH KULSHRESTHA Vs. VIKRAM SHARMA

JUDGEMENT

(1.) This petition under Section 482 of Cr. P. C. has been filed to recall the order dated 07.01.2009 passed in M. Cr. C. No. 616/2009 by this Court.

(2.) The facts just necessary to adjudicate the present petition are that a cheque of Rs. 2,97,000/- was issued by respondent/accused Vikram Sharma in favour of the complainant/petitioner which was submitted for collection and upon presentation the said cheque was dishonoured. It was alleged that, in spite of the notice of demand, the amount was not paid, hence, the respondent accused Vikram Sharma has committed an offence which is punishable under Section 138 of the Negotiable Instruments Act (which shall be referred hereinafter as "NI Act").

(3.) A complaint case was filed by petitioner/complainant Harish Kulshreshtha, to prosecute the accused/respondent under Section 138 of the Act. After taking cognizance in the matter, the learned Trial Court framed charge against respondent/accused Vikram Sharma under Section 138 of the NI Act by the learned Special Judge, Morena, on 16.04.2007. Subsequently, on 25.05.2007, an application was moved by the respondent/accused Vikram Sharma before the Trial Court by which the respondent claimed that the said cheque was said to have dishonoured because of non-availability of fund but it was dishonoured due to a different reason. As no witnesses have been examined so far the case has been fixed for recording of evidence. The plea of the accused Vikram Sharma in the charge be amended suitably.