PRAKASH KUMAR Vs. STATE & ANR

JUDGEMENT

(1.) Accused-petitioner has laid this criminal misc. petition under Section 482 Cr.P.C., to assail the impugned order dated 15th of December, 2010 passed by Additional District & Sessions Judge No.3, Jodhpur (for short, 'learned revisional Court') upholding the order dated 8th of August, 2007 passed by Judicial Magistrate No.3, Jodhpur (for short, 'learned trial Court') taking cognizance against the petitioner for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'NI Act').

(2.) Bare necessary facts, for the purpose of this petition, are that Cheque bearing No.227765 dated 9th of May 2007 worth Rs.1,00,000/- given by the petitioner to the complainant against discharge of his alleged debt or liability was dishonored by the bank due to closing of his account. It is in that background the complainant served a notice on the petitioner under proviso (b) to Section 138 of the N.I. Act on 23 rd of May, 2007 and the same was received by the petitioner on 25th of May, 2007. Thereafter the complainant filed a complaint against the petitioner for the aforesaid offence on 8th of June, 2007 i.e. before expiry of statutory period of fifteen days.

(3.) The learned trial Court, after considering the complaint supported by affidavit of the respondent- complainant, proceeded to take cognizance against the petitioner for the aforesaid offence by its order dated 8th of August, 2007. Being aggrieved by the same, the petitioner invoked revisional jurisdiction, but the effort made by the petitioner before the revisional Court also proved abortive and the revisional Court dismissed the revision petition. It is in that background petitioner has approached this Court.