CHIMAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under Sec. 482 Cr. P.C.

(2.) I have heard the learned counsel for the petitioner as well as learned Public Prosecutor in detail. I have also gone through the order of learned Magistrate as well as learned AddI. Sessions Judge.

(3.) Briefly stated, petitioner worked on Indira Gandhi Nahar for transporting sand from different places. He worked for Kishore vyas, non-petitioner No.2. Truck Nos. RJS/5954 and, RJ -19/6243 were used for the purpose. For this work non-petitioner No.2 Kishore Vyas handed over a cheque to the petitioner for Rs. 20.000/- on 20-4-1993. The same was dishonoured. Noticed was served on 10-9-1993. A complaint was filed on 28-9-1993 under Sec. 138 of the Negotiable Instruments Act, 1881, Thereafter learned Magistrate examined the complaint under Sec. 200 Cr. P.C. and dismissed the complaint on 31-1-1994. A revision was filed against the order, which was dismissed by AddI. Sessions Judge, Jodhpur on 16-4-1994. Hence this revision petition under Sec. 482 Cr. P.C. was filed.