SANJEET SINGH Vs. STATE OF JHARKHAND AND ORS

JUDGEMENT

(1.) This Cr.M.P. has been filed for quashing the order dated 21.06.2003 passed by the learned Sessions Judge, Hazaribagh in Cr. Revision No. 128/2003 whereby the order dated 12.03.2003 passed by the learned Judicial Magistrate, Hazaribagh in connection with Complaint Case No. 142/2002, corresponding to T.R.No. 634/2003 has been upheld and the revision has been dismissed.

(2.) The facts in brief is that O.P.No.2 filed Complaint Case No. 142/2002 before the court-below for prosecuting the petitioner under Section 138 of the N.I. Act. The facts giving rise to said case was that cheque for Rs.12,371/- drawn in favour of the complainant was issued by the petitioner but aforesaid cheque when presented for encashment, it stood dishonoured due to insufficient fund. The complainant after return of the cheque issued notice against the petitioner demanding the amount involved. When the petitioner did not respond the notice, O.P.No.2 filed aforesaid Complaint Case No. 142/2002 in which cognizance under Section 138 N.I. Act was taken.

(3.) Learned Counsel appearing for the petitioner has submitted that after dishonour of the cheque, notice was not issued by the complainant within the stipulated period of 15 days, which is admitted in the complaint itself. Even then the petitioner responded to the notice and expressed his willingness to tender the amount either by way of cash or by way of demand draft but the complainant refused to receive the same and had chosen to file complaint. During pendency of Complaint Case No. 142/2002 the petitioner filed an application for his discharge but it was rejected by the learned Magistrate on 12.03.2003. Thereafter the petitioner preferred Cr.Revision No. 128/2003 but did not get favaurable order and said Cr. Revision stood dismissed on 21.06.2003.