ASHOK BANSAL Vs. GHANSHYAM PRASAD PODDAR

JUDGEMENT

(1.) Instant petition under Sec. 482 Crimial P.C. has been preferred by the petitioner for setting aside the order dated 24.10.2013 passed by the Additional Chief Judicial Magistrate No.9, Jaipur Metropolitan, Jaipur in Criminal Complaint No.1422/2008, whereby the learned Magistrate had rejected the application filed by the petitioner under Sec. 311 Crimial P.C., along with the order dated 23.01.2014 passed by the Additional District & Sessions Judge No.11, Jaipur Metropolitan, Jaipur in revision, whereby the learned Judge had affirmed the order of the trial Court.

(2.) Succinctly put the facts of the present case are that the non-petitioner/complainant, namely Ghanshyam Prasad Poddar G.P. Poddar had filed one criminal complaint in the Court of Additional Chief Judicial Magistrate No.9, Jaipur Metropolitan, Jaipur against the present petitioner under Sec. 138 of the Negotiable Instruments Act herein after to be referred as the Act. Since the accused-petitioner had issued various cheques, one complaint in the year 2009 was also filed by the non-petitioner/complainant in the Court of Metropolitan Magistrate, N.E. K.K.D. Delhi under Sec. 138 of the Act.

(3.) It is further averred in the present petition that for settlement of the dispute the petitioner had issued one more cheque bearing No.379252 dated 15.11.2007 for INR 15,00,000.00 in favour of the non-petitioner/complainant. The said cheque on presentation also bounced and the impugned complaint was filed.