( 1 ) HARSUKHBHAI Lakshmanbhai, petitioner-original accused no. 2 has filed this Criminal Revision Application under Sec. 397 of the Code of Code of Criminal Procedure, 1973 (hereinafter referred to as the Code ). The petitioner has challenged the order dated 19th December, 2000, passed by the learned J. M. F. C. , Mansa, wherein the learned Magistrate was pleased to reject the application Exh. 97 in Criminal Case No. 392 of 1995, 428 of 1995 and 43 of 1996. The learned Magistrate rejected the said application of the accused wherein the accused has stated that he is not the drawer of the cheque as per the averments of the complaints and he may kindly be ordered to be acquitted of the charge of the offence alleged in the complaint.

( 2 ) THE facts giving rise to this application are as under :2. 1 That one Gandalal Revabhai Chowdhary-respondent No. 2 filed a criminal Case Nos. 392 of 1995, 428 of 1995 and 43 of 1996 against petitioner accused before the Court of learned J. M. F. C. , Mansa. In that case, offences punishable under Secs. 138 and 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) were alleged against the petitioner-accused. In that case, as the facts set out in the complaint by the complainant, it has been stated that the respondent No. 2-complainant is carrying on business of commission. The complainant is a partner of the firm-Dhanlaxmi Corporation. In the complaint, it has been stated that there is a firm M/s. Bhagyoday Industries who is accused No. 3 and firm is having a Oil Mill. Accused Nos. 1 and 2 are partners of the said firm. 2. 2 It has been alleged that the business of sale and purchase between complainant and accused No. 3 were going on. In that business, accused No. 3 has to pay Rs. 16,88,153. 00 against the goods purchased by firm from the complainant. Out of that amount accused No. 3 has paid Rs. 10,95,000. 00. Thereafter, accused No. 3 had presented following three cheques : date________cheque______bank Name_____amount___ 1. 15-6-1995 858683 State Bank of India Rs. l. OO. OOO. 00 2. 306-1995 858684 " " Rs. 4,00,000. 00 3. 15-7-1995_______858685_________"__________rs. 1,02,855/-2. 3 When the said cheques were issued in the name of partnership firm accused No. 1 has signed on behalf of accused No. 3 and accused No. 2 assured that the said amount will be paid by the firm in this behalf. 2. 4 From the record and the complaint it appears that on 30th June, 1995, when the cheques were presented of Rs. 4. 00 lakhs the same was dishonoured. Thereafter, a notice was addressed on 10th July, 1995, as well as 25th July, 1995, to the accused though earlier notice was not served, but the second notice dated 25th July, 1995, was served to the accused. As about Rs. 6,02,852. 00 amounts due and payable were not paid, the complainant has filed present complaint on 2-9-1995 before the learned Magistrate, Mansa, being Criminal case No. 428 of 1995. In that case also, the complainant has filed affidavit and the learned Magistrate passed the order on 2-9-1995 of issuing summons. 2. 5 In that case, original accused No. 2 has filed application dated 14th august, 2000, and prayed that as accused No. 2 who is admittedly not drawer of the cheque and as per the averments of the complaints may kindly be ordered to be acquitted of the charge of the offence alleged in the interest of justice. That matter was heard by learned Magistrate, Mansa. The learned Magistrate after considering the provisions of Secs. 138 and 141 of the Act, copy of the complaint and also considered some of the judgments cited by the petitioner accused had rejected the said application on 19-12-2000. 2. 6 Being aggrieved and dissatisfied with the aforesaid order of the learned magistrate, the petitioner-original accused No. 2 has filed this revision application before this Court somewhere on 10th January, 2001. On 23rd January, 2001, this Court has admitted the matter and made returnable on 6-2-2001.

( 3 ) IN v