HAMRAJ DHANGI Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This Criminal Misc. Petition has been filed by the petitioner against the order dated 1.10.2013 passed by the Additional District and Sessions Judge, Udaipur (hereinafter referred to 'as the Revisional Court) in Criminal Revision Petition No. 39/2012 whereby the revision petition filed by the petitioner against the order dated 1.11.2011 passed by the Judicial Magistrate First Class No. 1 (North), Udaipur (hereinafter referred to as 'the Trial Court'), has been dismissed. The petitioner has also challenged the order dated 1.11.2011 passed by the Judicial Magistrate, First Class No. 1 (North), Udaipur in Criminal Regular Case No. 930/2011 whereby the learned Trial Court has taken cognizance against the petitioner for the offence under Sec. 138 Negotiable Instruments Act and summoned him to face trial.

(2.) The learned Counsel for the petitioner has submitted that the petitioner has already returned the amount taken from the complainant, however, the cheque in question given by him to the complainant as security has not been returned by the complainant and later on he submitted those cheques for realisation before the bank and when the same was dishonoured, he has filed the complaint and the Trial Court took cognizance against the petitioner for the offence punishable under Sec. 138 Negotiable Instruments Act. The learned Counsel for the petitioner has argued that the complaint filed by the complainant against the petitioner is false and the Trial Court has grossly erred in taking cognizance against him on the said complaint. The learned Counsel for the petitioner has further argued that the Revisional Court has not taken into consideration the grounds raised by the petitioner and has confirmed the order passed by the learned Trial Court in mechanical manner. It is prayed that the orders passed by the Trial Court as well as the Revisional Court are liable to be quashed and set aside.

(3.) Heard learned Counsel for the petitioner and perused the impugned orders.