BRAJ KISHOR SHARMA Vs. DINESH CHANDRA KAUSAL

JUDGEMENT

(1.) Petitioner has preferred this Criminal Miscellaneous Petition aggrieved by order dated 29.06.2018 passed by Sessions Judge, Jhunjhunu in Criminal Revision Petition No.79/2018 (CIS 87/2018), whereby Revision Petition filed by the petitioner was dismissed and against the order dated 19.07.2017 passed by Additional Chief Judicial Magistrate, Nawalgarh, Distt. Jhunjhunu in Criminal Case No.98/2017, whereby cognizance has been taken against the petitioner under Section 138 of Negotiable Instruments Act.

(2.) It is contended by counsel for the petitioner that the cheque in question was given by Raju Kumar. It does not bear his signature and hence he cannot be prosecuted under Section 138 of Negotiable Instruments Act.

(3.) Counsel for the petitioner has placed reliance on (2013) 8 Supreme Court Cases Page 71 "Aparna A. Shah vs. Sheth Developers Private Limited and Anr." and 2017 (3) RCC (Raj.) 996 "Shyam Sunder @ Mangat Ram vs. State of Rajasthan through P.P."