ATMA RAM Vs. S K CHOPRA AND ANOTHER

JUDGEMENT

(1.) Challenge in this petition under Section 482 Cr.P.C. is the order dated 20.8.2011 passed by Sh. H.P.S. Mahal, Sessions Judge, Mansa, vide which the revision filed by the accused/petitioner against the order dated 21.2.2011 passed by Sh. Ajaib Singh, Judicial Magistrate Ist Class, Mansa, was dismissed.

(2.) Briefly stated, complainant S.K. Chopra, filed a complaint against Atma Ram under Section 138 of the Negotiable Instruments Act and Section 420 IPC, on the allegation that accused owes Rs. 95,000/- to him and in order to discharge his legal liability, he issued cheque No. 022522 dated 31.10.2006 for a sum of Rs. 95,000/- of Central Cooperative Bank Ltd. Mansa in favour of the complainant, now respondent. It is further alleged that said cheque was sent for encashment, but was returned back with the remarks "insufficient funds". Notice was given and thereafter, accused was summoned.

(3.) The complainant, now respondent, produced all the evidence before the trial Court. After summoning of the accused, now petitioner, the case was fixed for defence evidence on 5.10.2009.