GOLDEN GRAPHICS Vs. ASHOK AGRAWAL

JUDGEMENT

(1.) Invoking the inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, petitioner/accused herein has filed this petition seeking quashment of Criminal Case No. 1354/2012 registered in the court of Chief Judicial Magistrate, Surajpur; and also for quashment of order dated 22.08.2012 taking cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (henceforth "the NI Act, 1881").

(2.) Respondent/complainant filed a complaint for the commission of offence punishable under Section 138 of the N.I. Act read with Section 420 of the Indian Penal Code (for short 'IPC') stating inter alia that the petitioner/accused while carrying on the business of printing and flex in the name & style of M/s Golden Graphics, at the time of Bhatagaon bye election of local assembly he had contacted the complainant and borrowed a sum of Rs. 3,50,000/- with understanding and assurance that he would return the said amount after clearance of the bill alongwith profits which he would earn from this work. That amount was alleged to be given as a loan.

(3.) It is further case of the complainant, that petitioner gave a cheque of Rs. 3,60,000/- dated 18.1.2012 in lieu of repayment of above stated loan, which was deposited by the complainant on his Bank account on 22.02.2012, but the said cheque was dishonoured due to insufficient fund in the account of the petitioner; and on the statement given by the petitioner, complainant again presented the cheque into the Bank but the said cheque was again dishonoured on 8.5.2012.