LILLY HIRE PURCHASE PRIVATE LIMITED Vs. DARSHAN LAL

JUDGEMENT

(1.) This petition has been filed under Section 401 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), against the order dated August 10, 1994, passed by the Additional Sessions Judge, Jalandhar, whereby the order dated July 28, 1992, passed by the Judicial Magistrate, Jalandhar, summoning the respondent to face trial for an offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') in a complaint case, has been reversed and the complaint dismissed.

(2.) The necessary facts for the disposal of this petition are that the petitioner-company advanced a loan of Rs. 12,000/- to the respondent for the purchase of a Bajaj Chetak Scooter. To repay the said loan, the respondent is stated to have issued a cheque dated 29-10-1991 for the said amount, which, on presentation to the Bank, was dishonoured with the remarks : (i) refer to drawer and (ii) signatures do not tally. After serving the legal notice, a complaint under Section 138 of the Act was filed by the petitioner against the respondent in the Court of Judicial Magistrate, Jalandhar. In support of the said complaint, the petitioner-Company examined its Manager Shri Inderjit Singh. After being satisfied that a prima facie case for the commission of an offence under Section 138 of the Act was made out, the Judicial Magistrate issued process summoning the respondent to face trial.

(3.) Feeling aggrieved, the respondent challenged the said order by filing a revision petition before the Additional Sessions Judge, Jalandhar. By the impugned order, the Additional Sessions Judge has held that there was no sufficient legal admissible evidence on the record to summon the respondent. The legal objection regarding the maintainability of the revision raised by the petitioner was overruled. With these findings, the complaint filed by the petitioner has been dismissed. Hence this petition.