ARIHANT FERTILIZERS LTD Vs. RAHUL BUILDERS

JUDGEMENT

(1.) THIS petition filed under Section 482 of the Code of Criminal Procedure by the applicant against the order dated 9. 12. 2003 passed by II Additional Sessions Judge, Neemuch in Criminal Revision No. 89/2003 arising out of order dated 24. 2. 2003 passed by learned Chief Judicial Magistrate, Neemuch.

(2.) THE facts of the case stated in brief before the Trial Court was that on 11. 12. 2000, non-applicant No. 1 Rahul Builders filed complaint before the Magistrate under Sections 138, 142 of the Negotiable Instruments Act (hereinafter called as the "act" ). His case is that the applicant issued cheque bearing No. 693336 dated 30. 4. 2000 for Rs. 1 lac in favour of non-applicant. When the aforesaid cheque was produced for encashment in the Kshetriya Gramin Bank by the non-applicant, the same was returned with the endorsement that the applicant has closed the account. Thereupon, the complainant/non-applicant served a demand notice dated 31. 10. 2000. The applicant has given a letter to the non-applicant wherein he admitted issuance of cheque to the non-applicant. As the financial position of the applicant was not good, he closed the account. On 7th July, 2001, after preliminary evidence, the case was ordered to be registered against the applicant on 2nd August, 2001 under Section 138 of the Act. Thereafter, after hearing on the application dated 15. 7. 2003 moved by the applicant, learned Magistrate dismissed the application of the applicant vide order dated 24. 2. 2003. Dissatisfied with the aforesaid order dated 24. 2. 2003, the applicant filed criminal revision before learned II Additional Sessions Judge, who has also dismissed the revision by the impugned order.

(3.) BEING aggrieved by the aforesaid order dated 9. 12. 2003, the applicant/ accused has filed this petition under Section 482 of the Code of Criminal Procedure before this Court.