NAVEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition as per provisions of Section 482 Cr.P.C. pertains to, a criminal complaint preferred under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act of 1881") regarding dishonour of cheque of Rs.1,85,000 issued and signed by one Shri Ramesh Kumar in the capacity of Proprietor,Madhur Milan Enterprises. The Chief Judicial Magistrate, Banner under an order dated 5.6.2006 took cognizance of the complaint for offence punishable under Section 138 of the Act of 1881 and a revision petition challenging the order aforesaid came to be rejected by learned Additional Sessions Judge (Fast Track),Balotra vide order dated 27.6.2008.

(2.) The contention of counsel for the petitioner is that the courts below materially erred while not appreciating the fact that no liability upon the present petitioner could have been fastened as he is nothing to do either with Madhur Milan Enterprises or with Ramesh Kumar who tendered the cheque concerned. It is emphasized that there is nothing on record on basis of which the petitioner could have been even remotely connected with the proceedings under Section 138 of the Act of 1881.

(3.) Despite service, nobody has put in appearance to contest this petition on behalf of complainant Naresh Kumar son of Shankar Lal. This Court by order dated 7.1.2009 while admitting this petition for hearing called for the record thus, the same is available for examination.