PRASANNA GASES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS instant petition under Section 482 Cr. P. C. has challenged the order dated 8. 12. 2005 passed by the learned Addl. District & Sessions Judge No. 2, Alwar in Criminal Revision Petition No. 59/05 whereby he has confirmed the order dated 22. 7. 2005 passed by the learned Addl. Chief Judicial Magistrate No. 3, Alwar in Criminal Case No. 201/2005 taking cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner.

(2.) THE relevant facts giving rise to this petition are that the relation-ship between accused petitioner, the son and complainant non-petitioner, the father, is said to be strained and not cordial. Petitioner Praveen Bhardwaj is running a gas agency by the name of M/s. Prasanna Gases infront of N. E. B. Shopping Centre, Near Khandelwal School, Manna Ka Road, Alwar since 16. 4. 2001. THE said gas agency is in the name of the petitioner who is the sole proprietor. Non-petitioner No. 2 is a retired person. In the month of January, the petitioner became ill. So, he was not able to look after his business for some time. His father, therefore, occasionally looked after his business in his absence and the petitioner had given him some signed blank cheques for his business. But, it is alleged that the complainant non-petitioner No. 2 dishonestly filled up one cheque signed by the petitioner. When the petitioner came to know about this, he requested the complainant non-petitioner No. 2 to return the said cheque, but to no avail. THE petitioner, therefore, got a legal notice issued to non-petitioner No. 2 on 6. 5. 2005 to return the said cheque, but he did not return the said cheque in spite of giving notice. So, a criminal complaint for the offences under Sections 406 and 420 IPC was filed on 1. 6. 2005 against him. After service of notice dated 6. 5. 2005 by the petitioner, non- petitioner No. 2 filed a complaint against the petitioner on 23. 5. 2005 for the offence under Section 138 of the Negotiable Instruments Act, 1881 read with Section 420 IPC in the court of learned Civil Judge (Junior Division) cum Judicial Magistrate No. 3, Alwar falsely stating that he had lent Rs. 5 lacs to the petitioner for purchasing the land for gas agency and for construction of go down out of which he paid Rs. 40,000/- in cash and the remaining amount of Rs. 4,60,000/- was paid through cheque No. 163649. As a matter of fact, the show room in which the gas agency was carried on was purchased by Smt. Sushila Sharma, wife of non-petitioner No. 2 and the mother of the petitioner and the complaint has been filed by non-petitioner No. 2 just to harass and humiliate the petitioner and his mother. He has also filed a civil suit against the petitioner and his mother for permanent injunction for restraining the defendants not to sell, transfer or alienate the property in question and not to dispossess the plaintiff. He has also filed number of criminal complaints against the petitioner, his wife and his mother.