YOGENDRA KUMAR CHATURVEDI Vs. ASHOK KUMAR GOYAL

JUDGEMENT

(1.) THIS petition under Section 482 Cr. P. C. is directed against the order dated 17. 6. 2006 passed by the learned Addl. Sessions Judge, Hindaun city in Criminal Revision Petition No. 51/2006 whereby the revision petition has been dismissed and the order dated 8. 5. 2006 of the learned Addl. Chief Judicial Magistrate, Hindauncity in Criminal Case No. 439/2005 taking cognizance against the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1882 (in short `the Act') has been affirmed.

(2.) THE relevant facts are that the accused-petitioner borrowed a sum of Rs. 1,20,000/- from complainant non-petitioner Ashok Kumar Goyal on 11. 2. 2004 and issued a cheque No. 411068 dated 16. 2. 2004 in his favour. THE said cheque was cancelled on 20. 5. 2005 and another cheque No. 411055 for a sum of Rs. 1,40,000/- was issued in his favour. On presentation of the said cheque in the bank, the same was dishonoured and returned on 9. 7. 2005 with the remark "insufficient funds". THE notice sent to the accused-petitioner on 11. 7. 2005 was refused on 19. 7. 2005 and returned on 21. 7. 2005 to the complainant non-petitioner No. 1 with the remark that the same was refused. THE complainant non- petitioner No. 1, then, filed a complaint under Section 138 of the Act against the petitioner on 22. 7. 2005 before the Court of learned Addl. Chief Judicial Magistrate, Hindauncity who took cognizance on 25. 7. 2005. THE complaint and the order of taking cognizance being premature, the order taking cognizance was challenged by way of a revision petition before the learned Addl. Sessions Judge, Hindauncity who allowed the revision on 25. 2. 2006 accepting the contention raised on behalf of the accused- petitioner and remitted the case back to the learned trial Court with the direction to pass fresh order in the light of the law laid down in this behalf.

(3.) THERE is no abuse of the process of the Court. It is also not otherwise expedient in the interest of justice to exercise inherent powers of this Court in this matter.