DHARMENDRA KUMBHAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of instant petition under Sec. 482 Crpc, the petitioners have challenged the order of the Additional Sessions Judge (Fast Track), Jodhpur dated 26. 6. 2002 refusing to interfere with the order of the Judicial Magistrate No. 3, Jodhpur, dated 22. 2. 2001 taking cognizance against the petitioner along with his wife Smt. Sobha Kumbhat for offence under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as "the Act" ).

(2.) BRIEFLY stated the facts of the case are that the second respondent pramod Sharma filed a complaint on 22nd June, 1994 alleging inter alia that the petitioner herein is carrying on the business of chemicals in Chennai in the name of Kumbhat Group of Business. His firm namely K. G. B. India is having its branches at Jodhpur, Delhi and Madras. Both the accused persons are the proprietor of the firm. In the year 1993, the complainant paid a sum of Rs. 3,000/- to Smt. Sobha Kumbhat for the printing of polythene bags. In the month of July, 1993, the complainant invested a sum of Rs. 5,000/- with K. G. B. India. It was agreed by the accused persons that they will pay 18% interest on the said amount. In total, a sum of Rs. 55,800 was invested. Some more details of the transaction has been given. Suffice it to say that the accused persons were liable to pay a sum of Rs. 59,018/- to the complainant.

(3.) IT is further case of the complainant that Smt. Sobha Kumbhat issued four cheques of different amount i. e. Rs. 10,000/- dated 1. 4. 1994, Rs. 22,000/- dated 10. 4. 1994, Rs. 13,000/- dated 15. 4. 1994 and Rs. 14,018 dated 1. 6. 2004 under her signatures. All the four cheques were dishonoured by the Bank. After statutory notice, the instant complaint was filed. The learned Judicial Magistrate No. 3, Jodhpur has taken cognizance against both the petitioners namely Dharmendra and his wife Smt. Sobha Kumbhat for offence under Sec. 138 of the Negotiable Instrument Act by order dated 22. 2. 2001 which has been confirmed in revision by the impugned order dated 26. 6. 2002 passed by the Additional Sessions Judge (Fast Track), jodhpur.