Smt. Meera Bai vs Shyam Singh Bhadoriya on 25 February, 2021
(Smt. Meera Bai & Another vs. Shyam Singh Bhadoriya)
in short are that respondent- complainant has filed a complaint
under Section 138 of Negotiable Instruments Act (for short, 'NI
Act') alleging therein that the petitioners and respondent are in
cordial relationship with each other. On 28/2/2017, the
petitioners/accused had taken Rs.1,00,000/- for their personal
requirements and in lieu of that, the petitioners/accused gave a
cheque bearing No.00014 to the respondent on 30/5/2017. The
cheque was presented before Bank of Baroda, Brach Gwalior,
however, the same was returned back with an endorsement
'Mark/Thumb impression requires attestation by Magistrate with
seal." Thus, it was pleaded in the complaint that the petitioners
have committed an offence under Section 138 of NI Act. The
petitioners filed an application under Section 245 of CrPC for
their discharge on the ground that no offence under Section 138 of
NI Act is made out and complaint is not maintainable. The
Magistrate dismissed the aforesaid application, hence, this
petition.