SUJATHA RANA Vs. DILIP KUMAR

JUDGEMENT

(1.) Petitioner accused No. 5 in C.C. No. 1163/2010 has filed this petition seeking quashing of the proceedings on the file of 15th Addl. Chief Metropolitan Magistrate, Bangalore City.

(2.) Respondent complainant, filed a complaint under Section 200 of Cr.P.C. interalia alleging that, accused No. 1 Company along with accused No. 4 borrowed a sum of Rs. 5,00,000/- from the petitioner for their business purpose on 31.10.2007, in this regard, an on demand promissory note and consideration receipt were executed and further issued a cheque towards part payment of the said amount. Accused Nos. 2 and 3 as authorized signatories of accused No. 1, issued a cheque bearing No. 067812 dated 30.4.2009 for Rs. 50.000/- drawn on Syndicate Bank, Dickinson Road Branch, Bangalore. Said cheque was presented to the banker of the complainant and the banker of the complainant returned the cheque with an endorsement dated 16.10.2009 stating 'account closed'. In this regard, complainant issued legal notice on 14.11.2009 by RPAD. However, postal cover returned unserved against accused Nos. 2 and 5 as 'not claimed'. As against accused Nos. 1, 3 and 4, RPAD returned with an endorsement 'no such person'. In view of the same, respondent filed a complaint after statutory waiting period for an offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) Learned Magistrate considering the averments in the complaint, sworn statement of the complainant and the material produced, by his order dated 8.1.2010 ordered for registration of criminal case and issue of summons against the accused. As against the said proceedings, accused No. 5 has filed this petition.