GOURISHANKAR AGRAWAL Vs. ANIL KHUBCHANDANI

JUDGEMENT

(1.) By filing this petition, the petitioners have questioned the legality, validity and propriety of impugned order dated 02.02.2013 passed by Judicial Magistrate First Class, Raipur by which complaint filed by the respondent/complainant for the offence under Section 138 of the Negotiable Instruments Act has been entertained and process has been issued against the petitioners.

(2.) Learned counsel for the petitioners submits that cheque issued by the petitioners has been forged/tampered by the respondent/complainant by writing his own company's name "Muskan Traders" in the said cheque and also intentionally tampered the cheque and in the opinion of the Hand Writing Expert cheque has been found tampered which has also been submitted before the trial Court and in view of the decision of the Madras High Court in the matter of Amaravati Chits Investment Vs. TM Vaidyanathan reported in 2005 Criminal Law Journal 576 no offence is made out against the petitioners therefore, impugned order directing issuance of process dated 02.02.2013 deserves to be set aside.

(3.) Learned counsel for the respondent submits that trial has already been completed except recording evidence of defence witnesses. Therefore, present petition deserves to be dismissed and the petitioners may be directed to join further proceedings of the trial.