Negotiable Instruments Act, 1881–Sec. 138–Penal Code, 1860–Sec. 420–After filing the charge-sheet by the Investigation Agency, Trial Court observed that the dispute was essentially related to commercial transaction and exonerated the accused from the offence u/s. 420, however, stated the substance of accusation u/s. 138–Revision against –Obsevation of Revisonal Court that no offence u/s. 138 was made out in light of legal impediment and discharged the accused from the offence u/s. 138–Order of discharge u/s. 420 has attained finality–Neither there is any notice on record regarding intimation to the accused in respect of dishonour of cheque nor any criminal complaint was filed–Cognizance for the offence u/s. 138 can only be taken upon a criminal complaint filed under the statutory guidance–Held, no case is made out for interference.
