DHARAM CHAND Vs. INDERJEET SINGH

JUDGEMENT

(1.) The present criminal revision petition filed under Section 397 Cr.PC read with Section 401 Cr.PC, is directed against the order passed by the learned Judicial Magistrate, Ist Class, Dalhousie, District Chamba, H.P., passed in Complaint No. 10 of 2014 dated 21.3.2015, whereby the complaint filed by the petitioner (hereinafter referred to as the complainant) was returned for filing the same before the appropriate Court having jurisdiction to try the case.

(2.) Perusal of the records suggests that complainant filed complaint under Section 138 read with Section 142 of the Negotiable Instrument Act, 1881 as amended by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, before the learned Judicial Magistrate Ist Class Dalhousie, District Chamba, (HP), specifically alleging therein that in the discharge of liabilities, the accused issued a cheque dated 3.6.2014 bearing No. 219678 amounting to Rs. 57,000/- of his account No. 30294165112 of State Bank of India Branch Transport Nagar Narwal, Jammu, J&K, in favour of the complainant, however, on depositing the aforesaid cheque with SBI Branch Dalhousie, District Chamba, HP, same was returned vide memo dated 4.6.2014 endorsing therein "Stop Payment". Accordingly, the complainant served a notice upon the accused on 20.6.2014 calling upon him to make the payment within 15 days from the receipt of notice but it appears that accused failed to make the payment and, as such, complainant was compelled to file a complaint under Section 138 read with Section 421 Negotiable Instrument Act, as has been stated above.

(3.) Feeling aggrieved and dissatisfied with the order dated 21.3.2015 passed by learned trial Court, complainant approached this Court by way of revision petition.