RAHUL BHATIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner preferred this revision petition under Section 397 Cr.P.C. against the order dated 11/9/200 1 passed by learned Additional Chief Judicial Magistrate (Communal Riots) Mini Secretariat. Jaipur City, Jaipur in criminal complaint No. 401 of 2001 (Mrs. Renu Gupta v. Rahul Bhatia). This revision petition comes up before this Court on 1.10.2001. This Court vide order dated 1/10/2001, on the request of learned counsel for the petitioner treated this revision petition as criminal miscellaneous petition under Section 482, Cr.P.C.

(2.) Brief facts of the case are that the petitioner was working as a subbroker in the share market of Jaipur and was managing his own office in 218, Shop No.5, Ramgali No.1, Raja Park, Jaipur in the name and style of M/s. Vinayak Investments, Jaipur. The petitioner paid a sum of Rs. 62,000/- by the account payee cheques to the complainant against the amount was due. Though, the complainant admits the aforesaid amount which paid through the account payee cheques. But, it is not disclosed by the complainant in her statement on which date, she paid Rs. 1 lac to the petitioner by cash or cheque or in shape of goods.

(3.) A notice under Section 138 of the Negotiable Instruments Act (For short the Act) was issued by the complainant wherein it was stated that four cheques of Rs. 25,000/- each was given to the complainant against Rs. 1 lac. Details of the cheques are as under: