PUMA ISPAT TRADING P LTD Vs. PRAMOD AGRAWAL

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure seeking quashment of the impugned order dated 26-7-04 passed in Criminal revisional No. 311 of 03 by VIII th Addl. Sessions Judge, Indore and direction to chief Judicial Magistrate, Indore for conducting a de novo adjudication of criminal Case No. 109 of 01, a complaint filed by petitioner under Section 138 of Negotiable Instrument Act (hereinafter shall be referred to as the 'act' for brevity) against the respondent which has been dismissed by learned Magistrate on the ground that the said complaint filed under the provisions of Section 138 of the Act is not maintainable.

(2.) SHORT facts of the case are that petitioner Manoj Kasliwal being managing Director of M/s Puma Ispat Trading (P) Ltd. sold Steel Sheets to the respondent in normal course of business who in turn issued a cheque of rs. 4,06,920/- bearing No. CCL136021, dated 23-5-1996 and handed over to the petitioner after putting his signatures in presence of the petitioner. The said cheque was presented for clearing on 23-5-1996 in the Bank of India, Rambagh branch Indore. The cheque was returned unpaid by the bank with a memo stating that "signature does not tally".

(3.) A demand notice for payment of the amount was served on the respondent. Since the respondent after receipt of notice also did not paid the amount, petitioner had filed a complaint under Section 138 of the Act before the chief Judicial Magistrate, Indore which was dismissed vide order dated 23-4-03. This order of dismissal was challenged by filing Criminal Revision No. 311 of 03 unsuccessfully which brings the petitioner before this Court.