LAWS(KAR)-2022-6-1490

AMIT RATHORE Vs. KIRANASHREE ELECTRICALS

Decided On June 16, 2022
Amit Rathore Appellant
V/S
Kiranashree Electricals Respondents

JUDGEMENT

(1.) Respondent had filed a private complaint under Sec. 200 of Cr.P.C. alleging that the accused quote a sum of Rs.83,90,511.00 towards contract work and towards part payment of the said amount, a cheque for a sum of Rs.10,00,000.00 was issued by the accused in favour of the complainant. It is further alleged that the said cheque when presented with his banker, was returned for technical reasons and thereafter on the assurance given by the accused that the cheque would be cleared, the complainant represented the cheque with his banker and thereafter the cheque was returned with an endorsement "stop payment".

(2.) Learned Magistrate after recording the sworn statement of the complainant took cognizance of the offence punishable under Sec. 138 of the Negotiable Instruments Act and issued summons to the petitioner. Taking exception of the same, this petition is filed.

(3.) Sri.M.C.Nanaiah, learned Senior Counsel appearing for Smt.Rachita Nanaiah.H., learned counsel for the petitioner submits that immediately after the cheque was returned for technical reason, the accused has remitted the cheque amount through RTGS to the bank account of the complainant and hence, he submits that in the absence of any legally recoverable debt, the complaint filed by the complainant is not maintainable.