Ravindra Nath Kakkar, J. - (1.) This criminal Revision has been filed against the order dated 03.11.2015 passed by Additional Sessions Judge, Court No. 5, Jhansi in Revision No. 84 of 2015 in Case No. 2382 of 2014 (Manohar Lal Chaturvedi Vs. Pooja Sahni and another ) under section 138 N.I. Act, Police Station Nawabad, District Jhansi where the revisional Court set aside the order of the court below dated 6.4.2015 recalling the summoning order of Smt. Pooja Sahni.
(2.) Briefly stated facts are as follows: Complainant Manohar Lal Chaturvedi filed a complaint case No. 2382 of 2014 against accused M/s Asex Construction Private Limited, Sumesh Sahni and Smt. Pooja Sahni under section 138 Negotiable Instrument Act. After enquiry the trial court summoned the accused person on 19.10.2012 under section 138 N.I. Act. Aggrieved against which accused filed a Criminal Misc. Application (Under section 482 Cr.P.C.) No. 346 of 2013. In compliance of the direction issued by the Hon'ble Court in application (U/s 482 Cr.P.C.) Smt. Pooja Sahni filed a discharge application before the lower court on which the court below allowed the application of accused Smt. Pooja Sahni and discharged her, aggrieved against this order, revision was preferred and the revisional court set aside the order of the lower court dated 6.4.2015, aggrieved against this, the present revision has been filed before this Court.
(3.) The subject matter of the dispute is that complainant gave three cheques to the tune of Rs. Six lacs to the accused person for resolving his financial crises. When he demanded his money, accused issued a cheque of Rs. Six lacs but when it was presented before the bank, it was dishonoured and after adopting the procedure of complaint, by the said complainant, a complaint was filed before the trial court and on the basis of inquiry the accused person M/s Asex Construction Private Limited through Managing Director Sri Sumesh Sahni and Director Smt. Pooja Sahni were summoned.;