TaxTMI 
TaxTMI 
2021 (2) TMI 492
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....cation under section 482 Cr.P.C. has challenged the legality and validity of the order dated 28/08/2019 passed by the Sessions Judge, Balrampur in Criminal Revision number 42/2019 whereby while dismissing the revision the revisional Court has not found any infirmity with the order dated 27/04/2019 passed by the Civil Judge (Senior Division), F.T.C/Additional Chief Judicial Magistrate, Balrampur who had rejected the application for discharge moved by the applicant. 3. It has been submitted by the learned counsel of the applicant that the complainant was lodged by the opposite party no. 2, under Section 138 of the Negotiable Instruments Act. In the said complaint it was alleged that the complainant had given large sums of money to the appl....
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....9 which has been impugned in the present application. 6. The order dated 28/08/2019 has been assailed inter alia on the grounds that the trial Court has rejected the discharge application without considering the facts and circumstances of the case, and also without applying judicial mind as mandated under Section 204 (2) Cr.P.C. It has been vehemently urged that the petitioner has been falsely implicated and that there is no primafacie case against him under Section 138 of the Negotiable Instruments Act. 7. The counsel for the private respondent vehemently opposed the application and submitted that a clear case of an offence under Section 138 of the Negotiable Instruments Act has been made out against the applicant inasmuch as, the ch....
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....is claim. It is the case of the applicant that his bag containing the said cheque was lost and that he has also lodged a report in this regard with the concerned Police Station and it is infact opposite party no. 2 who discovered the said cheque and filled up the amount and presented it to the bank in the most illegal and arbitrary manner. 11. Aforesaid argument of the applicant has also been duly countered by opposite party no. 2. Learned counsel for opposite party no. 2 has submitted that it was an after thought that a report was lodged with the Police with regard to theft of bag by the applicant and in case the cheque has been lost as alleged by the applicant, then in normal circumstances applicant would had informed his banker and ma....
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.....2019, was subjected to revision in Criminal Revision No. 42 of 2019, before the Sessions Judge, Balrampur, who dismissed the same by means of order impugned in the present application. 15. In the revision, the Sessions Judge, Balrampur has duly considered all the facts of the case as argued by the applicant including the fact that his bag was stolen which contained the cheque in question and subsequently presented by opposite party no. 2 to his banker and was ultimately dishonored. The revisional Court has also recorded the fact that the applicant has admitted his signatures on the cheque. The Court below has also considered the fact that the applicant is a retired teacher and is doing constructions work due to which between 2009-2013, ....