SRI OM SALES Vs. ABHAY KUMAR @ ABHAY PATEL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal impugns judgment and order of the High Court of Judicature at Patna[ The High Court] dtd. 20/6/2019 in Criminal Miscellaneous No. 3744 of 2015 whereby, while exercising powers under Sec. 482 of the Code of Criminal Procedure, 1973 [The Code], High Court quashed the entire criminal proceedings arising out of Complaint Case No. 1563(C) of 2013.

(3.) Briefly stated, the facts giving rise to the appeal are that the appellant lodged a complaint under Sec. 138 of the Negotiable Instruments Act, 1881[ N.I. Act] against the first respondent by alleging, inter alia, that the first respondent took delivery of goods from the complainant and in lieu thereof issued cheque, dtd. 4/3/2013, of Rs.20,00,000..00 On 4/3/2013 itself, the complainant presented the said cheque with its banker for collection. However, the same was returned unpaid on 11/3/2013 with a remark of insufficient funds in the drawer 's account. The complainant thereafter met the first respondent on 12/3/2013 who assured that if the cheque is presented after a week, it will be honored. In consequence, cheque was re-presented on 17/3/2013 but it was again returned unpaid on 18/3/2013, with same remark. As a result, on 2/4/2013 a legal notice of demand was sent to the first respondent. In its reply dtd. 8/4/2013, the first respondent denied having issued the cheque and refused to make payment. Since payment was not made within the stipulated period, the complaint was filed.