JAHANGIR Vs. FAROOQ AHMED ABDUL RAZAK INAMDAR

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 482 of Cr.P.C. praying to quash the order dtd. 18/11/2020 passed by the I Addl. Civil Judge and JMFC-I at Vijayapura in C.C.No.3049/2019 (PCR No.268/2019).

(2.) The factual matrix leading to the case are that the respondent herein has filed a private complaint before the trial Court in PCR No.268/2019 against the present petitioner for the offence punishable under Sec. 138 of NI Act. According to the respondent-complainant the petitioner-accused has taken a hand loan of Rs.9.00 lakhs on 10/9/2015 from the complainant in order to purchase a plot. But the sale deed was not executed and when complainant requested the accused-petitioner herein for repayment of the amount or else to execute the sale deed he issued cheque of Vijaya Bank, Vijayapura and when the said cheque was presented on 27/2/2019 through the banker of the complainant it was returned for insufficient of funds. It is also alleged that thereafter the complainant was got issued legal notice on 1/3/2019 calling upon the accused petitioner herein for payment within 15 days of the receipt of notice which was served on him on 8/3/2019 but he failed to make any payment as such he filed a private complaint under Sec. 138 of NI Act.

(3.) The learned Magistrate after receiving the private complaint recorded the sworn statement of the complainant and after appreciating the documents produced he has registered it in C.C.No.3049/2019 and ordered to issue process. In pursuance of the process the present petitioner/accused appeared and was enlarged on bail. Then on 5/2/2020 the accusation has been read over and explained to him and he denied the accusation. Meanwhile on 428/11/2019 itself before recording the plea, the learned counsel appearing for the complainant/respondent herein filed an application under Sec. 143A of NI Act. On 5/2/2020 the petitioner/accused through his counsel has filed written arguments and on 26/2/2020 he has filed objections also. The learned Magistrate on 18/11/2020 passed the impugned order directing the accused- petitioner to deposit 20% of the cheque amount before the Court. This order is being challenged in this petition.