JUDGMENT 1. - With the consent of the parties the matter was heard finally. 2. Challenge in this petition has been made to the order dated 7.5.2007 taking cognizance against the petitioners as well as the order dated 10.10.2007 dismissing the revision filed by the petitioners. 3. It is stated by the learned counsel for the petitioners that other than the, two cheques amounting to Rs. 1,35,000/- and Rs. 2,00,000/- no other document is with the petitioners. On the apprehension of the complaint non-petitioner that the petitioners may use the documents pertaining to the immovable property (Three Pattas of Land), four cheques and two stamps, cognizance has been taken against the petitioners. Counsel for the petitioners submits that since none of these documents are with the petitioners, cognizance taking on apprehension is uncalled for. It is also stated that since the petitioners are not having any document there is no question of misuse of the same rather it is stated that the petitioners have no concerned with the papers described above i.e. the four blank cheques along with two stamp papers other than the two cheques for which a complaint has been made under Section 138 of the Negotiable Instruments Act. 4. Counsel for the non-petitioner no. 2 initially opposed the petition. However, on recording submission of learned counsel for the petitioners in regard to the property described above alongwith the stamp papers and four cheques other than the two cheques for which complaint under Section 138 of the Negotiable Instruments Act has been filed, he has shown his satisfaction. It is prayed that in the present matter the documents pertaining to the property, stamp papers and four cheques would never be used by the petitioners and in case the above documents are used by the petitioners then the complaint be given a liberty to take action against them for false statements. 5. In view of the above, this Misc. Petition is allowed and the impugned orders are set aside. However, it is made clear that the petitioners having made statement that they have no concerned with the property described above alongwith the two stamp papers and four blank cheques other than the cheques in relation which proceedings under Section 138 of the Negotiable Instruments Act has been initiated, the petitioners will not use those documents. 6.
However, it is made clear that the petitioners having made statement that they have no concerned with the property described above alongwith the two stamp papers and four blank cheques other than the cheques in relation which proceedings under Section 138 of the Negotiable Instruments Act has been initiated, the petitioners will not use those documents. 6. At this stage, learned counsel for the non-petitioner submits that the non-petitioner may be given liberty to obtain duplicate copies of the documents related to his property from the concerned authority. The aforesaid prayer is allowed.Petition Allowed. *******