SMT. SHASHI SHRIVASTAVA Vs. JAGDISHSING KUSHWAH

JUDGEMENT

(1.) The facts, in brief, are that one complaint has been filed by the respondent against the petitioner for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and under section 420 of Indian Penal Code. Cognizance under section 138 of the Act has only been taken against the petitioner vide order dated 25th Feb., 2002. On perusal of the complaint, it appears that the same has been filed by his advocate putting his initials only and without the signatures of the respondents/complainant. One application dated 17th Oct., 2003 has been filed on behalf of the petitioner under section 245 of Code Criminal Procedure for quashing the complaint on the ground that the same has been filed without the signatures of the complainant. Vide reply dated 25th February, 2004, the respondent/complainant has mentioned his willingness to put his signatures on the complaint. Vide order dated 22nd Aug., 2005, the JMFC, Gwalior has observed that he has already taken cognizance, hence, he cannot go behind his own order. It is also observed that the objection will be considered at the time of final hearing. Feeling aggrieved, Criminal Revision No. 224/05 was preferred by the petitioner which has been dismissed vide impugned order dated 14-11-2005 by the Additional Sessions Judge, Gwalior with the observation that the learned Magistrate has not passed a final order on the dispute. However, the learned Judge has referred a judgment of Bombay High Court in Vijay Vs. Ramchandra, 2003(1) Mh.L.J. 47 : 2003(1) CRJ 144.

(2.) The only dispute, which requires to be decided by this Court is, that in these circumstances what will be the fate of such complaint which has been filed without signatures of the complainant and thereafter in Court, he offered to put his signatures and mentioned his willingness to cure the defect.

(3.) The relevant provision of Sec. 142 (a) of the Act goes as under :