LAWS(JHAR)-2019-1-60

MAHBOOB ALAM Vs. STATE OF JHARKHAND

Decided On January 16, 2019
MAHBOOB ALAM Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The petitioner is aggrieved of the order taking cognizance dated 13.07.2017 by which cognizance of the offence under section 138 of the Negotiable Instruments Act, 1881 has been taken in Complaint Case No. 1479 of 2016.

(2.) Briefly stated, the petitioner has asserted that O.P. No. 2 issued a written demand through legal notice dated 07.09.2016, a perusal of which would indicate that cheque no. 5858 was issued for dishonour of which cognizance has been taken by the Court. In paragraph no. 11 of this petition, he has asserted that he has neither issued cheque bearing nos. 5858 and 8587 nor these cheques have been dishonoured.

(3.) On the above stand of the petitioner, it needs to be recorded that impugned order dated 13.07.2017 records that the cheque bearing no. 8587 dated 05.08.2016 for Rs. 7 lacs was dishonoured due to instruction of stop-payment by the accused-petitioner whereupon legal notice dated 07.09.2016 was issued to the petitioner.