HIGH COURT OF CHHATTISGARH BILASPUR M Criminal Miscellaneous Petition No.469 of 2008 PEI'ITIONER: Nattha Singh aged 65 years, S/o Late Shri Deva Singh, R/o 27 Kholi, P.S. Civil Line, Bilaspur Tahsil & Distt. Bilaspur (C.G.) Versus RESPONDENT? 1. Shri Arun Kumar Shukla, aged 45 years, S/o Not known Regional Sales Manager, Lafarge India Pvt. Ltd., Second Floor, Vlnaya Bhawan, Sal Nagar, Devendra Nagar, Raipur (C.G.) 2. Shri Sandlp Bhandari, aged 40 years, S/o Not known, Sales Officer, Lafarge India Pvt. Ltd., Satyam Complex, Link Road, Bilaspur P.S. Civil Line, Bilaspur, Tahsil & Distt. Bilaspur (C.G.) {Petition under Section 482 of the Code of Criminal Procedure, 1973} Present: Mr. M.D. Sharma, counsel for the petitioner; Single Bench: Hon'ble Mr. T.P. Sharma, J ORAL ORDER (20-10a2009) 1. This is a petition under Section 482 of the Cr.P.C. for quashment of the order dated 24—3-2008 passed by the Special Judge (Atrocities), Bilaspur in Criminal Revision No.15/2008 affirming the order dated 10-12-2007 passed by the Chief Judicial Magistrate, Bilaspur in an unregistered case dismissing the complaint filed against the respondents for the offence punishable under Sections 466, 467, ‘468, 469 & 471 0f the I.P.C. x. 2. Quashment of the order is prayed on the ground that the complainant/ petitioner herein has adduced evidence sufflcient for taking cognizance against the respondents, but the Court below has dismissed the complaint without considering the evidence available on record. 3. Brief facts giving rise to this petition, according to the case of the complainant, are that one blank cheque bearing No.012659 having no date & amount has been given to the respondents under their commercial transaction. The petitioner has med photocopy of the said cheque before the Court below and even along with this petition. The petitioner received notice from M/s. Lafarge India Pvt. Ltd. in which it has been mentioned that the petitioner has issued cheque No.012659 dated 30—4-2007 containing amount of Rs.4,16,857-20 ps. This shows that the blank cheque has been forged, manipulated and used as genuine. After receiving notice, the complainant has filed complaint before the Chief Judicial Magistrate, Bilaspur against respondent No.1 and also adduced evidence, but the Court below has dismissed the complaint and the order dismissing the complaint has been affirmed by the Special Judge (Atrocities), Bilaspur vide the order impugned. I have hea learned counsel for the petitioner and perused copy of the order impugned, copy of the order of the Chief Judicial Magistrate, Bilaspur, copy of the blank heque, copy of the notice, copies f the statements of the witnesses recorded under Sections 200—202 of the Cr.P.C. . rned counsel for the petitioner argued that the Court below has not issued process to the respondent and the revisionai Court has also not issued notice s s to the respondents, therefore, no notice is necessary to the respondents. Learned cunsel further argued that the Statements recorded under Sections 20-202 of the Cr.P.C. are sufficient or taking cognizance against the respondts. Even the photocopy of the blank cheques and mentioning of amount & date in the said cheque in thnotice are sufficient for king cognizance against th respondents fo the offence punishable under Sections 466 467, 68, 469 & 471 of the I.P.., an to secure the ends of‘juste, the orders o he Courts below require to be quashed. 6. Perusal of the material available on record reveals that the blank cheque not bearing any amount or date has been given to the respondents and the r/z/ f“ \ petitionerlhas received notice relating to non~payment of dues of Rs.4,16,857~ 20 ps. mentioned in cheque No.012659 dated 30-4-2007. It reveals that . rd c o Lea o 0 f en e) ta e r , 4 C d ic f t y RB“ pr/ma @c/e, the blank cheque has been filed up by some person relating to date & amount and it requires further inquiry into the compiaint in terms of Section 398 of the Cr.P.C. The Courts below have not issued notices to the respondents, therefore, no notice is necessary for the disposal of this petition. . For the foregoing reasons, the petition deserves to be allowed and it is hereby allowed. The order impugned and the order of the Chief Judicial Magistrate, The Chief Judicial Magistrate, Bilaspur is Bilaspur are hereby set aside. directed to make further inquiry into the complaint dismissed under Section 03 of the Cr.P.C., in accordance with Section 398 of the Cr.P.C. irg—J a Sdl- ‘ i ' T. P. Sharma , ‘ Judge l 2