JUDGMENT

Deo Narayan Thanvi, J.— Having perused the orders of both the courts below, it appears that the learned trial Court discharged the accused-petitioner under Sections 406 and 420 IPC on the ground that no offence of breach of trust or cheating is made out as petitioner was a landlord of the premises where the complainant was doing business and he took loan in April 1997 for marriage of his son and daughter and also gave two cheques which were not encashed. Learned Revisional Court i.e. learned Additional Sessions Judge (Fast Track), Balotra remanded case back on ground that prima facie trial Court has to see on the basis of the cheques whether the offence has been made out or not and the accused can take defence during trial.

2. In my view, the finding of the learned Revisional Court is contrary to the provisions of law. The Court can take cognizance of an offence only if there are sufficient grounds to proceed for having committing an offence. A person who takes loan bonafidely and if he does not pay or give the cheque in which he has no sufficient amount, it is case of simple filing of the money suit or an offence under Section 138 of the Negotiable Instruments Act. No o