Crl.Misc.No. M-17717 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-17717 of 2008 Date of Decision: 15 - 1 - 2009 Kamal Kapoor .....Petitioner v. Gurmeet Singh @ Billa .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Mandeep S. Sachdev, Advocate for the petitioner. Mr.D.K.Bhatti, Advocate for the respondent. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The Court of Judicial Magistrate Ist Class took into consideration the fact that there is not only delay in filing of the complaint but also Gurmeet Singh had filed a petition under Section 138 of the Negotiable Instruments Act and that the version has been projected in the complaint after filing of a petition under Section 138 of the Negotiable Instruments Act. The Court further held that signatory of the cheque Rama Verma has not been examined in preliminary evidence. The Court also relied upon report of Inspector Gian Singh Ex.C9 to hold that same does not establish that any theft had taken place. The Court further held that except the self serving statement of complainant, there is no other evidence Crl.Misc.No. M-17717 of 2008 [2] available. After holding this, the Court of Judicial Magistrate Ist Class, Jalandhar had dismissed the complaint. Revision was filed against order of the Magistrate. Revisional Court has upheld the findings of the learned Magistrate and held that complaint had been rightly dismissed. After two Courts have exercised jurisdiction, the scope of Section 482 Cr. P.C. is very limited. No appreciation of facts can be resorted to. The orders passed by two Courts below are not perverse. No interference is warranted. The petitioner may take recourse of any other remedy which is available to him under law. With these observations, the present petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) January 15, 2008. JUDGE RC