BHAGYAWATI DEVI Vs. BROJ RAJ

JUDGEMENT

(1.) BY the instant criminal revision under Sec. 397/401 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter), the petitioners have challenged the order dated 18. 3. 2005 passed by the additional Chief Judicial Magistrate, Sri Karanpur, district Sri Ganganagar (for short, "the Trial Court" hereinafter) in Regular Criminal Case No. 106 of 2005, whereby the Trial Court took cognizance of the offence under Sec. 138 of the negotiable Instruments Act, 1881 (for short "the Act" hereinafter) on the complainant filed by the non-petitioners against the petitioners.

(2.) I have heard learned counsel for the parties. Perused the order impugned.

(3.) A complaint was filed by the non-petitioners against the petitioners before the trial court on 6. 7. 2000 under Sec. 138 of the Act alleging therein the cheque of Rs. 24,37,480/- issued by the petitioners in favour of the non-petitioners, on presentation to the banker, was dishonoured and returned unpaid by the bank because the amount in the bank account of the petitioners was insufficient to honour the cheque. In other words, the cheque was returned and dishonoured on account of insufficient fund in the bank account of the petitioners, to which the cheque was issued. A legal notice under Sec. 138 of the act was served requiring the petitioners to pay the cheque-amount within fifteen days. The petitioners failed to pay the amount within the stipulated period mentioned in the notice and, therefore, within the stipulated time, a complaint was filed against the petitioners by the non- petitioners before the Trial court for the. offence under Sec. 138 of the Act. The Trial Court, vide impugned order, took cognizance of the offence under Sec. 138 of the Act against the petitioners and issued process, which came to be challenged by the petitioners by the. instant criminal revision.