GAURI SHANKAR PALADIYA Vs. MUKESH KUMAR SAINI

JUDGEMENT

(1.) This Criminal Miscellaneous Petition has been filed by the petitioner under Sec. 482 Cr. P. c. for quashing the criminal proceedings against him as well as the impugned order dtd. 25/7/2018 passed by learned Special Judge and learned Additional Sessions Judge, Jaipur Metropolitan (For Short "learned Revisional Court") in Criminal Revision Petition No.43/2017[1062/2017] "Gauri Shanker Paladiya Vs. Mukesh Kumar Saini and Anr." whereby revision petition filed by the petitioner was dismissed and affirmed the order dtd. 27/2/2017 passed by learned Special Metropolitan Magistrate (N. I. Act Cases) No.8, Jaipur Metropolitan whereby charge for offence under Sec. 138 N. I. Act has been framed against the petitioner.

(2.) Learned counsel for the petitioner submits that the learned trial Court vide order dtd. 27/2/2017 wrongly took the cognizance against the petitioner under Sec. 138 of Negotiable Instruments Act. Learned counsel for the petitioner further submits that the respondent No.1 had filed a complaint under Sec. 138 of Negotiable Instruments Act against the petitioner. Learned counsel for the petitioner also submits that the petitioner had filed a revision petition of cognizance order dtd. 27/2/2017 but the revision petition was also dismissed by the learned Revisional Court vide order dtd. 25/7/2018. Learned counsel for the petitioner further submits that dishonored cheque bearing No.128509 dtd. 30/5/2016 was valid for Rs.10,00,000.00 and under but respondent No.1 had filled the amount of Rs.12,25,000.00. So, the said cheque was dishonored on account of "Exeeds Arrangement". Learned counsel for the petitioner also submits that at the time of the presentation of cheque, petitioner had more than Rs.13,00,000.00. So, the present cheque was not dishonored on account of "Insufficient Fund". Learned counsel for the petitioner also submits that the disputed cheque bears a specific printed instruction that it would be treated valid only if issued for a sum of Rs.10,00,000.00- and under. Therefore, cheque-in-question which was filled in and presented for a sum of Rs.12,25,000.00cannot be treated to be a valid negotiable instrument. So, order passed by the learned trial Court against the petitioner and confirmed by the learned Revisional Court be set-aside.

(3.) Learned counsel for the petitioner has placed reliance on the following judgment passed in S. B. Criminal Misc. (Petition) No.3514/2016 titled as Prem Mohan Govila Vs. The State Of Rajasthan decided on 25/5/2018.