ASHOK TIWARI Vs. BISAHUA RAM SAHU

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally.

(2.) This petition has been filed by the petitioner under Section 482 of the Cr.P.C. for quashing Criminal Case No. 1021/2010 and all criminal proceedings pending in the Court of Additional Chief Judicial Magistrate. Bemetara, District Durg.

(3.) Brief facts of the case are that the respondent filed a complaint in the Court of Additional Chief Judicial Magistrate, Bemetara. under Section 138 of the Negotiable Instruments Act. 1881 (In short "the Act of 1881") alleging that towards discharge of liability of payment against supply 6f construction material, a cheque dated 22.5.2009 for an amount of Rs.2 lakh drawn on Punjab National Bank, was given to the complainant by the petitioner. The cheque was presented in the Allahabad Bank, the Banker of the complainant, on 26.5.2009. The cheque was dishonoured and a memo dated 5.6.2009 of the Punjab National Bank was sent informing that the amount is insufficient. When this was informed to the petitioner, the petitioner again assured the complainant that if the cheque is again presented after two months, the same shall be honoured. Thereafter, the cheque was again presented on 24.8.2009, but the cheque was again dishonoured on account of insufficient funds. Thereafter, a registered demand notice dated 7.9.2009 was given but the petitioner failed to pay the amount, even after receipt of notice, and thereby, committed offence under Section 138 of the Act of 1881 as also under Section 420 of the IPC. On the complaint so filed, the learned Magistrate examined the complainant on oath and after perusal of the preliminary statements, cognizance was taken by registering offence under Section 138 of the Act of 1881 against the petitioner and summons was also issued.