PRAVEEN Vs. AMIT VERMA

JUDGEMENT

(1.) Submissions were made on petition under Section 482 of Cr.P.C. against the order passed by 8th ASJ, Indore on 25.6.2018 in Cri. Revision No.118/2018, whereby the court has refused to register the complaint under Section 420 IPC and has affirmed the order pronounced on 1.3.2018 by the JMFC has refused to registered the complaint under Section 406 and 420 of IPC.

(2.) The petitioner Praveen had filed a complaint case against the respondent to the fact that the complainant had sent an consignment to the respondent valued at Rs.1,19,306/- and Rs.2,55,868 and the respondent gave two cheques 046853 and 046855 on 15.4.2017 and 25.4.2017 as a measure of repayment of the consignment received by him. Both these cheques were however, dishonored on 14.7.2017. The complainant was not aware of the limitation period provided under Section 138 of N.I. Act and, therefore, could not give notice to the respondent within the stipulated time period and hence, no case could be filed under Section 138 of N.I. Act. Hence, he has been compelled to file complaint case under Section 406 and 420 of IPC.

(3.) The trial court vide order dated 1.3.2018 was of the considered opinion that the complainant could not show that the intention of the respondent was to cheat the complainant from the beginning. Thus, no case for cheating was made out. This order was challenged before the revisional court. The revisional court referred to the definition of cheating as under Section 415 of IPC and was of the opinion that the complainant has not been able to show that the respondent was from very inception not inclined to make the repayment and, therefore, no case for cheating was made out.