TMI Blog2001 (9) TMI 1155X X X X Extracts X X X X X X X X Extracts X X X X ..... process to the accused. The complaint case was registered on receipt of the complaint filed by one Krishan Kumar Kejriwal, authorised representative of Bimal Kumar Kejriwal, who is the respondent herein, alleging, inter alia, that three cheques drawn by the officers of the appellant-company in favour of the respondent were returned by the bank on instructions received from the drawer not to encash them. The complainant contended that on the facts averred in the complaint petition the accused have committed the offences under Section 138/141 of the Negotiable Instruments Act and Section 420 read with Section 120B of the IPC. The learned Magistrate on perusal of the complaint petition and statement of the complainant and other materials ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be put in at once. The appellant filed a revision petition in the High Court assailing the said order. The learned Judge declined to interfere with the cognizance order passed by the learned Magistrate for the reason that when there was a specific direction from the High Court to take cognizance of the offence under Section 420 IPC and the Magistrate passed the order in view of such direction it will not be proper for the High Court to hold otherwise. The relevant portion of the order reads as follows: It appears that the learned Magistrate took cognizance of the offence under Section 420/120B of the Indian Penal Code and issued process against the accused persons in view of the direction given by this Court. In my considered opi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so contended that the learned magistrate passed the cognizance order without holding any enquiry despite the specific direction of the High Court. Per contra, Shri D.A.Dave, learned senior counsel appearing for the respondent contended that the ingredients of the offence of cheating punishable under Section 420 IPC are made out on the averments in the complaint petition and therefore the learned Magistrate was right in passing the order taking cognizance of the offence under Section 420 IPC and the High Court rightly dismissed the Revision Petition filed by the appellant. Shri Dave further contended that the complainant had entered into the contract with the accused persons and parted with substantial sum of money (rupees eighty lakhs) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... did not pay due attention to the part of the order in which the learned Magistrate was directed to hold further enquiry into the complaint. While judging the question whether the cognizance order passed by the learned Magistrate was sustainable in law it was incumbent for the learned single Judge to go into the question whether the complainant has been able to make out a prima facie case for the offence of cheating on the averments in the complaint petition and his statement on oath. The matter should have been examined in the light of the contentions raised by the accused applicant in the revision petition and finding recorded. The learned single Judge also did not consider whether the learned Magistrate held any further enquiry before pas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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