KHAYALI RAM Vs. UDARAM SAINI

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 Code of Criminal Procedure, 1973 challenging the orders dated 5.6.2013 and 29.6.2016.

(2.) Learned counsel for the petitioner has submitted that respondent has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act') against the petitioner with regard to dishonour of cheque dated 20.9.2009. The cheque in question was presented for encashment on 11.12.2010 and was dishonoured by the bank on account of "insufficient funds". However, the cheque in question was liable to be returned as it has been presented to the bank after its validity. Hence, the complaint under Section 138 of the Act was liable to be dismissed. Trial court has erred in taking cognizance of the offence vide order dated 5.6.2013. Court of Revision has also erred in dismissing the revision petition on the ground that the petitioner could take the pleas available to him in his defence. Learned counsel has placed reliance on decision of the Apex Court in Criminal Appeal No. 219 of 2001 Special Leave Petition (crl.) 3854 of 2000 SHRI ISHAR ALLOY STEELS LTD. Vs. JAYASWALS NECO LIMITED decided on 22/02/2001.

(3.) Learned counsel for the respondent has opposed the petition and has submitted that the cheque in question had been dishonoured on account of insufficiency of funds. Trial court had rightly taken cognizance of the offence. Section 138 of the Act reads as under:-