NABA KUMAR DAS Vs. ABDUS SABUR

JUDGEMENT

(1.) The present revisional application has been preferred by the accused/petitioner praying for setting aside and quashing of Order dtd. 18/6/2019 passed by the learned Additional Sessions Judge, Fast Track Court-1, Kandi, Murshidabad in Criminal Revision No. 28 of 2018 arising out of Orders dtd. 5/9/2018, 25/9/2018 and 12/11/2018 passed by the learned Judicial Magistrate, Kandi, Murshidabad in C.R No. 192 of 2018.

(2.) The accused/petitioner's case before the Court of Sessions was that the proceedings under Sec. 138 of the Negotiable Instruments Act, 1881 before the Court of the learned Magistrate, Kandi arose when the cheque No. 894158 drawn on State Bank of India, Beherampur Branch was allegedly issued by the petitioner on 10/4/2008 towards repayment of a loan of Rs.4,00,000.00 during a business transaction. The said cheque was dishonoured and subsequently on compliance of all formalities as per the Negotiable Instruments Act, the proceedings were initiated under Sec. 138 of the N.I. Act before the learned magistrate. The specific case of the petitioner/accused is that the disputed cheque (photocopy filed) was admittedly signed by him and was payable to "SELF". It is further submitted that the said cheque got misplaced and the complainant by filling up the cheque illegally, presented the cheque to the bank. The accused/petitioner on 19/2/2016 made a prayer before the learned Magistrate for sending the disputed cheque to the handwriting expert which was allowed by the learned magistrate by an Order dtd. 12/5/2016.

(3.) Inspite of service none have appeared for the opposite parties.