KHUSHAL SINGH DALAL Vs. ASLUDDIN

JUDGEMENT

(1.) Respondent had faced trial in the complaint filed by the appellant under Section 138 of the Negotiable Instrument Act, 1881. Trial Court vide judgment dated 16.8.2010, while ordering acquittal of the respondent of the charges framed against him, has issued directions to the concerned Station House Officer for taking action against the complainant under Sections 467, 468, 471 of the Indian Penal Code, 1860 (IPC for short).

(2.) Learned counsel for the appellant has further submitted that he does not challenge the acquittal of the respondent. The only grievance of the appellant is qua the direction issued by the trial Court to the concerned Station House Officer to initiate proceedings against him under Sections 467, 468, 471 IPC.

(3.) In the present case, appellant had filed complaint against the respondent qua dishonour of cheque dated 25.2.2003 in the sum of Rs. 44,000/-. Trial Court held that the cheque in question had been given by way of security and the same had been misused by the complainant as the body of the cheque had been filed in by the complainant. Thus, it was proved from record that the cheque in question had been signed by the respondent, however, the body of the cheque had been filled in by the complainant.