Research › Search › Judgment

Rajasthan High Court · body

2011 DIGILAW 1378 (RAJ)

Vikas Sharda v. Jagdish Prasad Khatik

2011-07-14

GOVIND MATHUR

body2011
JUDGMENT 1. The learned Judicial Magistrate, Chittorgarh vide order dated 3.7.2006 took cognizance against the petitioner for offence punishable under Section 138 of the Negotiable Instruments Act. Being aggrieved by the same, he preferred a revision petition before learned Sessions Judge Chittorgarh that too came to be rejected on 26.6.2010. To question, validity correctness and propriety of the order aforesaid, this misc. petition as per provisions of Section 482 Criminal Procedure Code is preferred. 2. As per averments contained in misc. petition, the submission of the petitioner is that neither the cheque concerned was signed by him nor he was partner of the firm on the date of issuance of cheque, as such, he cannot be subjected any proceeding under Section 138 of the Negotiable Instruments Act. 3. I do not find any merit in the argument advanced. 4. A definite allegation is made against the petitioner regarding issuance of a cheque on behalf of firm, as such the factum regarding availability of signatures and also retirement from the partnership firm is to be examined during the course of trial and not at the present stage. The Courts below thus have not committed any wrong while taking cognizance of the offence alleged. As such, this Misc. Petition is dismissed, accordingly.Petition dismissed. *******