- (1.)Heard finally with the consent of the counsel for the parties, at admission stage.
(2.)The instant petition under Section 482 of the Code of Criminal Procedure (for short "the Code") has been filed by the petitioner on being aggrieved by the order impugned dated 20/11/2014 passed by the revisional court in Cri. Rev. No. 393/14 whereby the order dated 25/9/2014 passed by the ACJM, Gwalior in Criminal Case No. 10439/12 stood set aside and the revision was allowed.
(3.)In brief, the facts of the case are that one complaint was filed by the respondent against the petitioner under Section 138 of the N.I. Act with allegations that an amount of Rs. 1,0,5000/- was taken by the petitioner/accused on credit and against repayment of the said amount, three different cheques, bearing No. (i) 103484, dated 10/4/2012 for a sum of Rs. 5,000/- of Axis Bank, Gwalior No. (ii) 103490, dated 10/4/2012 for a sum of Rs. 10,000/- of Axis Bank, Gwalior and thirdly No. (iii) 118617, dated 10/4/2012 for a sum of Rs. 90,000/- of HDFC Bank Ltd. Kalkaji New Delhi were issued. When these cheques were sent to the concerning banks for encashment, same were dishonoured on 23/6/2012 for want of sufficient funds in the account of holder of the cheques. Thereafter, legal notice was given in writing by the complainant for payment of the amount within seven days from the receipt of the notice, but no such payment was made by the petitioner. In these circumstances, the complaint was filed against the petitioner for commission of offence punishable under section 138 of the N.I. Act.