ANITA MISHRA Vs. ARUN KUMAR AND ORS.

JUDGEMENT

(1.) The petitioner before this Court has filed this present petition u/S. 482 of the Code of Criminal Procedure, 1973, being aggrieved by order dt. 24/8/2012 passed by the Additional District Judge, Narsingarh, Distt. Rajgarh in Cr. Rev. No. 195 / 2012, by which the revisional Court has dismissed the revision filed by the petitioner against order dated 29/7/2011.

(2.) Facts of the case reveal that a complaint was preferred u/S. 138 of the Negotiable Instruments Act by respondent No.2 against the present petitioner on 2 /7/2007. The Judicial Magistrate First Class, Narsingarh sentenced the petitioner for six months imprisonment and fine of Rs.3,30,000/- was imposed against which an appeal was preferred ie., No. 231/2007 and a settlement took place between the parties in Lok Adalat on 25/7/2008. Both the parties agreed to withdraw the pending litigations and in terms of the settlement a condition of payment of Rs.3,51,750/- by cheque dt. 31/12/2008 of State Bank of India, Shujalpur Branch was given to the respondents. The present petitioner was signatory to the aforesaid cheque. Later on the cheque was presented for encashment on 2/2/2009 and the same was returned with an endorsement "Please Contact Issuing Person". As the cheque was dishonoured, second complaint was filed and a case was registered ie., Cr. Case No. 547/2009 for offence u/S. 138 of the Negotiable Instruments Act. On 7/8/2011 (29/7/2011) an order was passed taking cognizance of the matter against which appeal was preferred and the appeal has been dismissed.

(3.) Learned counsel for the petitioner has placed reliance upon the judgment delivered by the apex Court in the case of Lalit Kumar Sharma and another Vs. State of Uttar Pradesh and another, 2008 5 SCC 638 and his contention is that as the second cheque was given in lieu of the compromise and as the complainant was already punished in the earlier case, the question of taking cognizance at a second complaint does not arise in the light of the judgment delivered by the apex Court.