UMAKANTA SAHOO Vs. PRAKESH MANDOTHIA

JUDGEMENT

(1.) By way of this petition under Section 482 of the Code of Criminal Procedure, petitioner has assailed the order dated 02.11.2006 passed by the learned S.D.J.M., Angul, taking cognizance against him for commission of offence under Section 138 of the Negotiable Instruments Act (hereinafter in short called ' the N.I.Act' ), in C.T. Case No. 1973 of 2006.

(2.) The facts giving rise to this petition in nutshell are that, the present petitioner is the accused in the aforesaid CT Case No. 1973 of 2006 for commission of offence u/S. 138 of the N.I.Act. The complainant therein, namely, Sri Prakash Mandothia (present Opposite Party), alleged that on 18.09.2006 the accused-petitioner issued a cheque in his favour in due discharge of his liability of Rs. 1.00 lakh against him, which upon presentation before the Bank was returned/dishonoured on the ground of insufficient fund in the account of the accused and accordingly, after issuance of notice as required under the law, the said complaint case was filed against the petitioner for commission of the aforesaid offence.

(3.) What is contended on behalf of the present petitioner is that, the cheque in question was lost by him for which he lodged a written missing information before the Angul P.S. vide Station Diary Entry (SDE) No. 439 dated 18.9.2006. In this regard, the present petitioner also filed a complaint case, i.e. CT No. 1925/2006 before the learned SDJM, Angul and the same has been sent by the learned SDJM to the OIC, Angul P.S. under Section 156 (3) of the Cr.P.C. for registration and investigation. However, it is submitted that the Police has not taken any action till date on the same. It is also submitted on behalf of the petitioner that the present petitioner had no legal liability to be discharged against the opposite party-complainant to constitute the offence under Section 138 of the N.I.Act.