GOPAL DAS Vs. NAVAL KISHORE GARG

JUDGEMENT

(1.) The present petition under Sec. 482 of Crimial P.C. has been filed against the order dated 09.09.2016 passed by First Additional Sessions Judge, Sabalgarh, District Morena in Criminal Revision No.2900113/2016 arising out of order dated 10.05.2016 passed by Judicial Magistrate First Class, Sabalgarh, District Morena in Criminal Case No.704/2013.

(2.) The facts of the case are that respondent - complainant has filed a complaint under Sec. 138 of Negotiable Instruments Act (for short, 'NI Act') inter-alia alleging that he is a businessman carrying on his business in Sabalgarh. On 03.04.2012, the applicant/accused had taken Rs.2,75,000.00 for his personal requirements and he had agreed to pay the interest @ 1% per month. After calculating the final outstanding, the applicant/accused gave a cheque of Rs.3,00,000.00 to the complainant on 18.02.2013. The cheque was presented before the Bank, however, the same was returned back with an endorsement that the 'account is closed'. The complainant issued a registered notice, which was received by the applicant on 18.04.2013, however, the accused did not make the payment even after receipt of notice. It was further stated in the complaint that a blank paper by way of reply was sent by the applicant. Thus, it was pleaded that the applicant has committed an offence punishable under Sec. 138 of NI Act.

(3.) By order dated 10.05.2016, the trial court framed the charges against the applicant. Being aggrieved by said order, the applicant filed a criminal revision which has been dismissed by the court below by order dated 09.09.2016.