LAIQ RAM Vs. BAL KRISHAN

JUDGEMENT

(1.) Heard and gone through the record.

(2.) Complaint was filed against the petitioner (accused) under Section 138 of the Negotiable Instruments Act by the respondent (complainant) alleging that the former having borrowed a sum of rupees twelve lakhs from the latter, issued a cheque in his favour on 18.11.2002, which was drawn on State Bank of India, Sawra Branch and when the cheque was presented to the Bankers, it was dishonoured on the ground that the account had already been closed. Learned Magistrate entertained the complaint and recorded the statement of the respondent (complainant), on oath. Besides making the statement, the respondent produced Photostat copies of the cheque and the writing of the Bank, whereby the cheque was returned on the ground that the accounts stood closed. Trial Court, on the basis of the aforesaid statement of the respondent (complainant) and the Photostat copies of the cheque and Bank memo, passed an order under Section 204 of the Code of Criminal Procedure for summoning the petitioner (accused). When the petitioner (accused) appeared, substance of accusation was put to him. The petitioner has challenged both the summoning order and the order putting substance of accusation to him.

(3.) I have heard the learned Counsel for the petitioner (accused) as also the learned Counsel representing the respondent (complainant).