Decided on December 01,2003

BHAGVA Appellant


- (1.) THIS Criminal Revision Petition by the accused filed under Section 397 (2) Cr. P. C. is directed against the order dated 6. 6. 2001 passed in Cr. R. P. No. 91/2000, on the file of the Principal sessions Judge, Bagalkot, wherein the learned Sessions Judge had allowed the revision petition filed by the accused and consequently, had dismissed the complaint filed by the respondent herein in PC. 22/2000 for the offence under Section 138 of the Negotiable Instruments Act, wherein the learned Magistrate had taken cognizance of the case against the accused for the said offence, questioning the legality and propriety of the said order by the learned Sessions Judge.
(2.) THE Court has heard the arguments of Sri R. L. Patil, the learned counsel for revision petitioner and Sri Veerendra Patil, learned Counsel on behalf of the respondent.
(3.) THE learned Counsel for revision petitioner strenuously contended that the material on record clearly shows that the order impugned is illegal and improper. The learned Sessions Judge was not at all justified in setting aside the order of the learned Magistrate. The material on record shows that the complaint filed before the learned Magistrate had been maintainable in law in view of the fact that the complainant is the payee under the instrument in question, for all practical purposes. The learned Magistrate was totally justified in, passing the order impugned. The learned Counsel also contends that on the death of the payee under the cheque in question, the complainant, being none other than the wife of the deceased payee, had all the legal right to file the complaint and it makes little difference whether the payee had died or had he been alive. The learned Counsel relies upon the following decisions in support of his contentions. 1. 2001 (4)KCCR 2817 : 2001 (4) KCCR 2817. 2. ILR 2003 KAR 4551 : ILR 2003 KAR 4551. Placing reliance on the ratio laid down in the said decisions, the learned Counsel prayed for allowing the revision petition.;

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