ARUNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 Cr. P. C. is directed against the order dated 11. 8. 2006 passed by additional Chief Judicial Magistrate (Communal Riots), Pali (for short 'the Trial Court' hereinafter) whereby the Trial Court took the cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act' hereinafter) and issued the process against the petitioner.

(2.) I have heard learned counsel for the parties. Carefully gone through the material available on record including the record of the Trial Court.

(3.) IT is contended by learned counsel for the petitioner that certain cheques bearing no. 32424 and 32425 of Marwar Gramin bank, Pali were lost. The cheque book was issued in favour of the petitioner, who is proprietor of the firm and it is alleged that the cheques were duly signed bearing the seal of the firm. The bank was also intimated regarding the loss of the cheques. However, respondent No. 2, complainant happened to get the lost cheque and filled the amount therein as also the name of payee and submitted to the Bank for encashment, which the Bank returned unpaid on the ground that there is no sufficient fund to the account of the petitioner. Thereafter, a notice for demand of cheque amount was served upon the petitioner, however, the petitioner failed to make payment of the cheques amount, therefore, a complainant has been filed, on which the Trial Court took the cognizance for the offence noticed above.