ANIL KUMAR Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) - Accused-petitioner has laid this petition under Sec. 482 Crimial P.C. to question legality and propriety of impugned orders dated 26th of May 2016 and 3rd of Dec. 2015 passed by Addl. Sessions Judge, Bhadra, District Hanumangarh and orders dated 21.09.2015 and 06.04.2015 passed by Addl. Chief Judicial Magistrate, Bhadra, District Hanumangarh.

(2.) The bare necessary facts for the purpose of this petition are that second respondent complainant filed a complaint against petitioner before the learned Addl. Chief Judicial Magistrate, Bhadra (for short, 'learned trial Court') under Sec. 138 of the Negotiable Instruments Act, 1884 (for short, 'Act'). In the complaint, it is alleged by the complainant that petitioner took a loan of Rs.4 lakhs from him and in order to pay the loan gave him Cheque No.887599 dated 12th of Feb. 2015 payable at Oriental Bank of Commerce, Branch Bhadra. It is further averred in the complaint that when the complainant presented the said cheque for encashment, the same was dishonoured by the Bank by assigning the reason of insufficiency of fund in the account of the petitioner. The learned trial Court took cognizance for the offence under Sec. 138 of the Act against the petitioner by its order dated 6th of April 2015. Being aggrieved by the said order, petitioner filed a revision petition before the Addl. Sessions Judge, Bhadra (for short, 'learned revisonal Court) and the learned revisional Court dismissed the revision petition by its order dated 3rd of Dec. 2015. Subsequent to that, the learned trial Court read out substance of accusation to the petitioner on 16th of June 2015 and recorded evidence of the complainant. The grievance of the petitioner is that the learned trial Court again read out substance of accusation to the petitioner by order dated 21st of Sept. 2015 which is a clear case of abuse of process of the Court. Be that as it may, the petitioner assailed the order dated 21s t of Sept. 2015 before the learned revisional Court and the learned revisional Court dismissed the revision petition by its order dated 26th of May 2016.

(3.) I have heard learned counsel for the petitioner, perused both the orders passed by the learned revisional Court and thoroughly scanned the material available on record.