NILAM DEVI BAGARIA Vs. VIMAL KR. TODI

JUDGEMENT

(1.) BY the impugned order dated 30.10.2003, passed in Complaint Case No. 26/2003, the learned Chief Judicial Magistrate, Sonitpur, Tezpur, while taking cognizance of offences under Section 138 read with Section 142 of the Negotiable Instruments Act (hereinafter referred to as 'the NI Act') against the accused -petitioner and one Pawan Kumar More, directed issuance of summons to the accused -petitioner. With the help of the revision present, the petitioner, who is an accused in the said Complaint Case, has sought for setting aside the impugned order and also for quashing the entire proceeding of the Complaint Case No. 26/ 2003 aforementioned.

(2.) I have heard Mr. P Bora, learned counsel for the accused -petitioner, and Mr. JM Choudhury, learned senior counsel, assisted by Mr. BM Choudhury, learned counsel for the opposite party. I have also heard Mr. FH Laskar, learned Additional Public Prosecutor, Assam.

(3.) THOUGH , in tune with their reply to the notices, demanding payment of Rs. 13 lakh raised by the complainant firm, the present petitioner has agitated in the present revision petition to the effect that the allegations levelled against the accused -petitioner, in the complaint, are false, mala fide and malicious and no prima facie case for taking cognizance under Section 138/142 in the NI Act was made out enabling the learned Court below to take cognizance of the said offence and/or to issue summons to the accused -petitioner, this aspect of the matter has not been agitated at the time of hearing of the present revision.