JUDGMENT

N.A. Britto, J. — This revision is directed against order dated 12-7-2006, of the learned Sessions Judge, Margao.

2. Some facts are required to be stated to dispose of the present revision.

3. The petitioner is the complainant who prosecuted the accused for bouncing of a cheque bearing No. 877680 dated 30.7.2005, for Rs. 14,66,000. The learned Magistrate was pleased to issue process against the accused under Section 138 of the Negotiable Instruments Act, 1881, by order dated 14.10.2005.

4. The accused preferred a revision application against the said Order dated 14.10.2005 and the learned Sessions Judge, by his order dated 12.7.2006, was pleased to allow the said revision and set aside the order of the learned Magistrate issuing process against the accused. In allowing the revision, the learned Sessions Judge came to the conclusion that a bare reading of the complaint and also the documents relied upon by the complainant clearly indicate that the transaction of sale of the vessel was of a benami transaction, since according to the complainant, the amount of the cheque was a debt payable by the accused, being the amount due to the complainant towards the sale transaction.