VINOD KUMAR GUPTA Vs. JAI PAU

JUDGEMENT

(1.) A complaint was filed by the respondent-complainant against the petitioner-accused under Section 138 of the negotiable Instruments Act. It was alleged in the complaint that two cheques bearing no. 791017 dated 7. 11. 2003 for an amount of rs. 2,00,000 and bearing No. 791015 dated 11. 11. 2003 for an amount of Rs. 3,00,000 were issued by the petitioner in favour of the respondent. The said cheques were presented by the complainant respondent through his banker i. e. Punjab National bank, Gangyal, Jammu for encashment on 10. 11. 2003 and 13. 11. 2003 respectively but the same were returned unpaid due to the reason that "cheques amount exceeds arrangement" in the account of the accused-petitioner.

(2.) THAT both the cheques, above referred, were again presented by the respondent-complainant through his banker for encashment on 3. 12. 2003. However, the said cheques were again dishonoured and returned by the banker of the accused unpaid. A joint memo came to be issued by the State bank of India on 3. 12. 2003 which reveals that the payment was stopped by the petitioner and the said endorsement has been erased and it was written that the cheques "reported stolen".

(3.) AFTER the complaint was filed, the process was issued against the petitioner-accused. He filed application before the trial court for dropping of the proceedings and the said application was dismissed on 6. 6. 2005, against which a criminal revision petition was preferred before the Learned district Judge, Jammu, who also vide its order dated 6. 1. 2007 dismissed the same. It is how this petition under Section 561a cr. P. C. is before this court.