SANTHOSH JAIN Vs. ANIL KUMAR

JUDGEMENT

(1.) PETITIONER has sought for quashing of the proceedings in C.C.No.2884/2010 pending on the file of XII Addl.C.M.M., Bangalore.

(2.) RESPONDENT is the complainant, who had filed the complaint under Section 200 of Cr.P.C. for an offence punishable under Section 138 of the Negotiable Instruments Act. He has stated that the accused had issued a cheque dated 15.4.2009 for Rs.5,00,000/-. On its presentation, the banker of the accused returned the same with endorsement dated 16.6.2009 interalia stating that the "account is closed". In this regard, he had issued notice and on failure of the petitioner to pay the amount, he filed a private complaint.

(3.) THIS contention could be appreciated, if there is any material on record,, however, the cheque, which the learned Counsel has produced is dated 15.4.2009. On one endorsement, it is clearly visible as "16.6.2009", another endorsement is "16", month is not clear. Learned Counsel submits that, it is April 2009, but it is April is also doubtful, as to how the cheque dated 15.4.2009 could have been returned to the complainant with endorsement dated 16.4.2009. It is a matter for appreciation during the course of trial. At this stage, I do not find there is sufficient ground to quash the proceedings against the petitioner.