BALVEER SINGH Vs. RAJ SINGH

JUDGEMENT

(1.) These two miscellaneous petitions have been directed against the order dated 29.7.2010 passed by the learned Addl. Sessions Judge, Anoopgarh in revision whereby he has affirmed the order dated 7.3.2005 passed by the learned Judicial Magistrate, 1st Class, Anoopgarh taking cognizance against the petitioners for the offences under Sections 420, 406 and 120B I.P.C. and summoning them by warrant of arrest.

(2.) Succinctly stated the facts of the case are that for a cheque executed by the respondent Raj Singh in favour of the petitioner Balveer Singh the petitioner prosecuted Raj Singh for the offence under Sec. 138 of the N.I.Act in the year 2002. The notice of the dishonouring of the cheque worth Rs. 3 lacs was issued on 26.6.2002 and a reply thereto was given by Raj Singh on 8.7.2002. When the payment of the cheque was not forthcoming, the petitioner filed a complaint under Sec. 138 of the N.I.Act on 19.7.2002 in the Court of Addl. Chief Judicial Magistrate, Anoopgarh against Raj Singh.

(3.) The respondent Raj Singh appeared in the Court on 10.5.2003 and thereafter on 13.5.2003 he filed a complaint under Sec. 420, 406 and 120B I.P.C. against the petitioners. The complaint was forwarded to the police for investigation under section 156(3) Crimial P.C. The police after thorough investigation submitted a negative final report in the concerned court. Upon protest petition being filed by the respondent, process was issued against the petitioners for the offences under Sections 420, 406 and 120(B) I.P.C. The allegation made in the complaint filed by Raj Singh was that he was having an Adhat in the firm of petitioner Narendra Chhabra to whom he had given some blank signed cheques. It was further alleged that Narendra Chhabra in connivance with Balveer Singh misused one of his aforesaid signed cheques and got filed a false complaint through the petitioner Balveer Singh under Sec. 138 of the N.I.Act.