MANMOHAN KUMAR KHANDUJA Vs. AMIT KUMAR

JUDGEMENT

(1.) Heard.

(2.) Being aggrieved with the order dtd. 29/8/2018 passed in regular Criminal Case No.33571/2018 by the Judicial Magistrate First Class, Durg, whereby, an offence under Sec. 138 of the Negotiable Instrument Act, 1881 (in short "the Act, 1881") has been registered and also the order dtd. 30/5/2019, whereby, the charges have been framed, this petition has been filed by the petitioner for quashing of the said criminal proceedings.

(3.) Brief facts of the case are that the respondent filed a complaint under Sec. 138 of the Act, 1881 alleging that in the year 2012, the petitioner took a loan of Rs.5.00 lakhs for business use and issued a cheque dtd. 2/7/2018 with regard to Account No.915020034645236, which is maintained in the Axis Bank, Nehru Nagar, Bhilai in the name of BSR Health Ventures Private Ltd., however, on presentation of such cheque on 4/7/2018, the said cheque got dishonoured on the ground of insufficient funds. Hence, a legal notice was sent in the name of the petitioner but spite of such notice, when the petitioner did not pay the amount of the cheque, the complaint case was filed.