- (1.) Heard Sri Viresh Mishra, learned Senior Advocate assisted by Sri Amit Mishra, Advocate for revisionist, learned A.G.A. for respondent no. 1 and Dr. A.K. Sharma, Advocate for respondent no. 2.
(2.) This criminal revision under Section 397/401 Cr.P.C., has been filed against the judgment and orders dated 02.12.2000 passed by Additional Chief Judicial Magistrate VIth, Agra and dated 26.02.2002, passed by Additional Sessions Judge, Court No. 7, Agra.
(3.) The prosecution case as emerges from record available before this Court is that a complaint under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as the "Act, 1881") was filed by Ramvir Singh Agarwal (opposite party no. 2 herein) with the allegation that Cheque No. AGC/T-000385 dated 23.10.1997 was issued by the Firm, R.S. Hosiery owned by Smt. Krishna Murari-Revisionist, for a sum of Rs. 60,000/- in favour of complainant. Another Cheque No. AGC/T-000384 dated 23.12.1997 for a sum of Rs. 60,000/- was also issued. Both cheques were dishonoured by Bank. Complainant served a notice upon Smt. Krishma Murari, proprietor of Firm and thereafter two separate complaints were filed being Complaints No. 449 of 1998 and 574 of 1998 before Magistrate concerned.;