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TMI Blog2021 (8) TMI 821X X X X Extracts X X X X X X X X Extracts X X X X ..... Court is of prima facie opinion that the applicant tried to cheat the respondent by issuing a cheque of his father. The fact is that the bank account as well as cheque book belongs to the father of the applicant and the applicant had access to the same. In absence of any challenge to signatures of the applicant on the disputed cheque, this Court is of the considered opinion that at present it cannot be said that the applicant is not liable to be prosecuted under Section 138 of the N.I.Act. In the light of misleading stand taken by the applicant as well as in the light of the fact that prima facie, the applicant has issued the cheque of his father under own signatures, it is clear that he has also tried to cheat the respondent. By all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considering the documents filed by the applicant. By order dated 20/10/2015, the trial Magistrate held that in the light of judgment passed by the Supreme Court in the case of Adalat Prasad Vs. Rooplal Jindal and others reported in (2004) 7 SCC 338, the trial Magistrate cannot review its own order. Being aggrieved by the said order, the applicant preferred a criminal revision No.219/2015, which was dismissed by I st Additional Sessions Judge, Guna by order dated 30/01/2016. Challenging the orders passed by the Courts below, it is submitted by the counsel for the applicant that in fact the cheque does not belong to the applicant and even the bank account does not belong to the applicant. It is further submitted that no transaction h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is clear that the applicant had issued the cheque of his father under his signatures with an intention to cheat the respondent, therefore, an offence under Section 420 of IPC is also made out. Heard the learned counsel for the parties. At the beginning of the arguments, specific question was put to the counsel for the applicant as to whether the applicant has denied his signatures on the cheque or not. This question was repeatedly asked to the counsel for the applicant as the counsel for the applicant was trying to give vague reply by saying that the cheque does not belong to him. With great difficulty when the counsel for the applicant was insisted to make a specific statement as to whether the cheque bears signatures of the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant is making a submission that neither the cheque book nor the bank account belongs to him but deliberatly he has not clarified the cheque book and bank account belongs to his father. In order to save his skin, the applicant has filed the reply given by the bank in this regard but the applicant is deliberately not disclosing the fact in his words. Be that whatever it may be. The fact is that the bank account as well as cheque book belongs to the father of the applicant and the applicant had access to the same. In absence of any challenge to signatures of the applicant on the disputed cheque, this Court is of the considered opinion that at present it cannot be said that the applicant is not liable to be prosecuted under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... htly dismissed the revision. Further, the Supreme Court in the case of In Re: EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 OF N.I. ACT 1881. by order dated 16-4-2021 passed in Suo Motu Petition (Crl) No. 2 of 2020 has also upheld the judgment passed in the case of Adalat Prasad (supra). Thus under the facts and circumstances of the case, this Court is of the considered opinion that the Trial Magistrate did not commit any mistake by rejecting the contention on the ground that it has no jurisdiction to review its own order dated 06/05/2021. It is submitted by the counsel for the applicant that in fact no transaction has taken place between the applicant and the respondent. So far as the contention of the counsel for the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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