RAJESH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been preferred on behalf of the accused petitioners challenging the order dated 4.12.2015 passed by learned trial Court by which the application filed on behalf of the accused petitioners for recalling the summons issued to them while taking cognizance of the offence punishable under Section 138 of Negotiable Instruments Act was rejected. Further, the order dated 5.8.2016 passed by learned Addl. Sessions Judge No.1, Kishangarhbas, Alwar has also been assailed whereby the learned revisional Court rejected the revision petition preferred by the accused petitioners against the order dated 4.12.2015.

(2.) Heard learned counsel for the petitioners and learned counsel appearing on behalf of complainant respondent No.2 as also learned Public Prosecutor.

(3.) Briefly stated the relevant facts are that complainant respondent No.2 Samarat filed a complaint against accused petitioners Rajesh Sharma and Shikha alleging therein that accused persons are working in the name of Ms. Pranavi Decorators, which is a partnership firm. The firm took a loan of Rs.20,50,000/- from complainant on three occasions and including a sum of Rs.3733/- falling due to them issued a cheque of Rs.20,53,733/- in favour of the complainant, which on being submitted before the Bank was dishonoured. On the assurance given by the accused persons, cheque was again presented before the Bank but was again dishonoured for insufficiency of the funds. The complainant got notice issued to the accused persons through his counsel but the payment of the amount of cheque was not made by them, hence, the complaint was filed.