KULWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dtd. 18/1/2020 passed by the Additional Sessions Judge, Gharsana, District Sri Ganganagar (hereinafter referred to be as 'the revisional court'), whereby the revision petition filed by the petitioner was dismissed.

(2.) The aforesaid revision petition was preferred by the petitioner being aggrieved with the order dtd. 13/2/2019 passed by the Judicial Magistrate, Gharsana (hereinafter to be referred as 'the trial court') in Case No. 392/2015, whereby the application filed by the petitioner under Sec. 91 Cr.P.C. has been dismissed.

(3.) Brief facts of the case are that the complainant has lodged a complaint before the trial court against the petitioner under Sec. 138 of the Negotiable Instruments Act (for short 'the NI Act') alleging that the petitioner took a loan from the complainant and in lieu of that, a cheque No. 527387 was given to him, however, when the complainant produced the said cheque before the concerned bank, the same was dishonored. It is also alleged by the complainant that a notice was issued by him to the petitioner, which was duly served upon him, but no reply to the said notice was given by the petitioner.