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2023 (2) TMI 1189 - BOMBAY HIGH COURTDishonour of Cheque - non following of the procedure under Section 202 of the Code of Criminal Procedure - necessary averment as to attract Section 141 of the Negotiable Instruments Act is absent in the complaint - HELD THAT:- There is no averment as required under Section 141 of the N. I. Act. In the entire complaint there is no whisper about the liability of the Director. The amount of cheque is clearly more than amount shown to be due against the petitioner /accused. In view of the judgments cited above, complaint thus is not maintainable. On looking to the order of issuance of process, it is clear that the said order is passed only after perusing the complaint and the documents placed on record and examined of the complainant under Section 200 of the Cr. P. C. Learned JMFC has held that cheque in question was given by the accused to the complainant towards discharge of debt and liability. The petitioner had sufficiently shown that Nitin Dara has authority to present the revision and the writ petition. From the judgment of the learned Additional Sessions Judge also it is seen that though clearly a case was made out by the petitioner that no procedure under Section 202 of the Cr. P. C. was followed still the learned Additional Sessions Court failed to appreciate this aspect on the count of locus of Nitin Dara also the court has failed to appreciate that Nitin Dara had the locus to file revision. It was necessary to hold that the learned Magistrate had issued the order of process without observing the mandate under Section 202. This court holds that both the courts have thus committed an error. Petition allowed.
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