ASHOK KUMAR GUPTA Vs. PREM SINGH CHOUHAN

JUDGEMENT

(1.) Heard.

(2.) This petition has been filed for quashing of the order dtd. 2/7/2022 passed in Criminal Revision No.69/2022 passed by the Second Additional Sessions Judge, Durg upholding the order dtd. 26/3/2022 passed in Criminal Complaint Case No.1035/2019 by the Judicial Magistrate First Class, Durg (CG), for framing of the charges under Sec. 138 of the Negotiable Instruments Act.

(3.) Learned counsel for the petitioner would submit that the demand notice was never served on the petitioner; there is no legally enforceable debt; and the petitioner is under the category of money lender, therefore, the suit is barred under Sec. 11-H of the Chhattisgarh Money Lenders Act, 1934 (in short "the Act". Hence, he prays to allow the petition and quash the entire criminal proceeding pending before the Judicial Magistrate First Class, Durg.