FAKHRUDDIN AHMAD Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, arises from the order dated 21st June, 2006 passed by the High Court of Uttaranchal in Criminal Misc. Application No.434 of 2006. By the impugned order, the High Court has dismissed the petition preferred by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (for short the Code, seeking quashing of the charge-sheet dated 16th December, 2005 and consequent proceedings initiated against him by respondent No.2 in this appeal, hereinafter referred to as the complainant, for allegedly committing offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (for short the I.P.C.).

(3.) A few material facts giving rise to the present appeal are : The appellant owns a poultry farm. According to the appellant, he used to Supply chickens to the complainant and his partner on cash and credit basis. On 15th June, 2005, the complainant is stated to have issued a cheque in the sum of Rs.8,65,000/- drawn on Union Bank of India in favour of the appellant against the balance payment due. When the cheque was presented for payment, it was returned unpaid by the Bank with the remarks having no fund. Thereupon, on 7th September, 2005, the appellant served a legal notice on the complainant and his partner in terms of Section 138 of the Negotiable Instruments Act, 1881 (for short the Act, calling upon them to make payment against the said cheque. On getting the said notice, the complainant is stated to have cooked up a story that he had issued blank cheques bearing his signatures to one Salim Ali as security for Rs.30,000/- borrowed by him along with a guarantee receipt dated 25th June, 2005 on a stamp paper. Salim Ali misplaced the aforementioned blank cheque, which was fraudulently used by the appellant by filling up the amount of Rs.8,65,000/- and was presented to the banker for encashment. The complainant claims to have informed the bank about the loss of the cheque.