BHAGIRATH Vs. FIRM MAHAVEER PRASAD SURENDRA MOHAN

JUDGEMENT

(1.) This criminal miscellaneous petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter) is directed against the order dated 25-4-2005 passed by the Additional Sessions Judge No.2, Sri Ganganagar (for short, "the Revisional Court" hereinafter) in Criminal Revision No. 34/2004, whereby the revision petition filed by the non-petitioner against the order dated 23-11-2004 passed by the Additional Chief Judicial Magistrate No.1, Sri Ganganagar (for short, "the trial Court" hereinafter) was allowed and the order of the trial Court dated 23-111-2004 recalling PW 1 complainant Shakti Kumar along with books of accounts for five years was set aside.

(2.) I have heard learned counsel for the parties. Carefully gone through the orders passed by the courts below.

(3.) A complaint was filed by the non-petitioner against the petitioner for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "the Act" hereinafter) alleging therein that against the out-standing amount, the petitioner issued a cheque for Rs. 2,91,000.00 dated 30-6-2003 drawn on Punjab National Bank and the said cheque, on being sent to the bank for encashment, was dishonoured and returned unpaid on account of "insufficient amount" to the account of the petitioner. A legal notice was served requiring the petitioner to make payment of the cheque amount within fifteen days from the date of receipt of the notice but as the petitioner failed to pay the cheque amount within the stipulated period and, therefore, the complaint was filed within the statutory period. The parties led the evidence. However, an application under Sec. 311 of the Code was moved by the petitioner seeking recalling of the witness along with the books of account for five years and that application was allowed. The complainant filed a revision petition against the order of the trial Court and the Revisional Court, by a well-reasoned and elaborate order, allowed the revision. Hence this criminal miscellaneous petition by the petitioner.