- (1.)DISAGREEING with the view taken by the learned trial Court vide which the complaint under Section 138 of Negotiable Instrument Act (for short to be referred to as ËœActâ„¢) filed by the petitioner (complainant) was dismissed on the ground that the cheque issued by the respondent (accused) has bounced on account of a Ëœnon existent accountâ„¢, the learned Revisional Court (1st Additional Sessions Judge, Jammu) has made the instant reference recommending that order dated 30.01.2004 of learned Sub Registrar (Judicial Magistrate 1st Class) Jammu, be set aside. The brief facts of the case run, thus: -
(2.)A cheque bearing No.QDU -268452 dated 05.11.2003 drawn at Punjab National Bank, Shalamar Road, Jammu, was issued by the respondent in favour of the petitioner. On presentation, it was returned unpaid with the remarks Account not existent . The legal notice was served upon the respondent, was admittedly received by him. However, he did not make the payment and this constrained the petitioner to file a complaint under Section 138 of the ËœActâ„¢ against the respondent. The petitioner produced the preliminary evidence in support of his case. The learned Trial Court, however, dismissed his complaint under Section 203 Cr.P.C, primarily on the ground that the cheque in question was issued from a non -existent account and as such offence under Section 138 of the Act was not made out. Aggrieved by the impugned order of dismissal of the complaint, the petitioner knocked the doors of the Revisional Court.
(3.)VIDE order dated 28.12.2005, the learned Revisional Court formed the opinion that the order passed by the learned Sub Registrar (Judicial Magistrate 1st Class) Jammu, suffers from illegality and deserved to be set aside.
Therefore, the instant reference.