SANJAY KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS petition is for quashment of the criminal proceeding registered in criminal case No. 2199/2007 before the Judicial Magistrate :first Class, sakti, whereby learned Judicial Magistrate, first Class has taken cognizance of the offence punishable under Section 138 of the negotiable Instruments Act, 1881 (for short 'the Act') against the present petitioners,

(2.) QUASHMENT of the criminal proceedings is prayed on the ground that the alleged cheque has not been issued by the present petitioners and has been issued by co accused Kamlesh Kumar Patel, therefore, the present petitioners are not liable to any liability arose under the said cheque and continuation of criminal case would be abuse of the process of the Court.

(3.) COUNSEL for the parties are heard.