GOKULDAS Vs. ATAL BIHARI

JUDGEMENT

(1.) This application under Sec. 482 of Crimial P.C. has been filed against the order dated 12/06/2013 passed by Additional Sessions Judge, Chachoda, District Guna in Criminal Revision No.283/2010 by which the order dated 22/11/2010 passed by JMFC, Chachoda, District Guna in Criminal Case No.689/2010 has been affirmed.

(2.) The necessary facts for the disposal of the present application in short are that a complaint under Sec. 138 of Negotiable Instruments Act and under Sec. 420 of Penal Code has been filed by the respondent no.1 against the applicant on the allegation that the applicant was in need of Rs.4,30,000.00 and, therefore, the respondent no.1 had given the said amount but the same was not repaid. Accordingly, a cheque dated 26/07/2010 for Rs.4,30,000.00 was given by the respondent no.1 to the applicant which stood bounced on the ground that the holder of the account has intimated the bank to stop payment as the said cheque has been stolen. Statutory notice was issued and since the payment was not made, therefore, the complaint under Sec. 138 of Negotiable Instruments Act was filed.

(3.) It is submitted by the counsel for the applicant that an objection was raised before the Magistrate contending inter alia that in the statutory notice, issued by the complainant/respondent no.1, it was alleged that the applicant had taken a loan of Rs.43,000.00 and a cheque of Rs.43,000.00 was given in lieu of repayment of loan amount which was presented before the bank and it has stood bounced whereas in the complaint it is alleged that the applicant had taken a loan of Rs.4,30,000.00 and a cheque for an amount of Rs.4,30,000.00 was given which stood bounced. It was submitted that as the notice under Sec. 138 of Negotiable Instruments Act was not issued for the amount of the cheque, therefore, the complaint, as filed by the respondent no.1, is not maintainable.