ORDER :

Smt. S.R. Waghmare, J.: -

By this petition under Section 482 of the CrPC the accused applicant Krishna Gopal has challenged the or­der dated 28.10.2010 passed by the Judicial Magistrate, Class-I, Ratlam in Criminal Case No.2190 of 2007 dismissing the application for discharge filed by the accused.

2. Brief facts necessary for elucidation are that a complaint was filed the accused petitioner for offence under Section 138 of the Negotiable Instruments Act and pending before the Judi­cial Magistrate, Class-I Ratlam. The complaint had stated that the accused had issued cheque No. 1308956 dated 29.12.2004 for a sum of Rs.20,000 which was returned by the Oriental Bank Commerce, Branch Ratlam with the re­mark that insufficiency of funds and the signa­ture of the drawer did not match. Counsel for the petitioner has vehemently stressed the fact that when the cheque was dishonoured for two grounds that the funds were insufficient and the drawer's signature differed from the specimen signature; then in such circumstances as prayed by the applicant, he cannot be said to have com­mitted an offence under Section 138 of the Ne­gotiable Instruments Act and the learned Judge of the lower Cour