^^^^^^ii^ii^^^^^^^^ •^w€^ /£-^ -'^ i.:^ms^^ .|,-:.'^%£l®ISTi'-'J Y^^y '"'^-..iaa.i^^' (^. ^0\^ HIGHCOURTOF CHHATTISGARH AT BILASPUR FSB: Hon'ble Mr.T.P.SharmaJ.1 Cr.M.P.No. 43 of 2009 APPLICANT VERSUS RESPONDENT Aarif Parvej aged about 42 years, son of Mohammad Ibrahim resident of Near Bilaspur Times Press, Juni Line, Bilaspur, CG. Dr. Rampyare Awasthi, aged about 66 years, S/o Late Chinta Prasad Awasthy, R/o Priyadarshini Nagar, House No. A- 60, Police Station Civil Line, Bilaspur, CG. Mr. Malay Bhaduri counsel for the applicant. PETITION UNDER SECTION482 OF THE CODE OF CRIMINAL PROCEDURE. (ORAL) O RD E R (28.1.2009) This petition is directed against the order dated 26.7.2008 passed by Sessions Judge Bilaspur, in Criminal Revision No. 74/2008 affirming the order dated 26.3.2008 passed by the Special Judicial Magistrate, Bilaspur in Complaint Case No. 257/2008 whereby learned Magistrate had framed the charge against the petitioner for the offence punishable under Section 138 of the Negotiable Instrument Act. 2. The order is challenged on the ground that without there being any prima facie material available on record to show that the alleged cheque was issued by the petitioner, the courts below have committed an illegality by framing the charge under section 138 ofthe Negotiable Instrument Act against the petitioner. (S) 3. Counsel for the petitioner submits that there is no material to show that the alleged cheque has been issued by the petitioner but in spite of this the courts below have framed the charge against him. 4. The order impugned as also the order of the Magistrate reveal that the respondent has produced the sufficient material to show that the alleged cheque has been issued by the petitioner and the same is sufficient for framing the charge against the petitioner under Section 138 ofthe Negotiable lnstrumentAct.At the stageofframingofcharge no meticulous scrutiny of the evidence is required and the material produced by therespondent is sufficient for framing the charge against the petitioner. 5. Accordingly, 1 do not find any illegality and irregularity in the order impugned and the petition being without substance is liable to be dismissed and it is hereby dismissed. IA N6.1 for stay stands disposed of. Sd/- T.P. Sharma Judge ^/