RAJESH YADAV Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing the summoning order dated 23rd February, 2008 in Complaint Case No.1680-A/1 titled as "Asha Ratra vs. Rajesh Yadav and Anr."

(2.) Quashing of the summoning Order has been sought on the ground that no offence under Section 138 of Negotiable Instruments Act is made out against the petitioners in view of the judgment of the Hon'ble Supreme Court in Jugesh Sehgal Vs. Shamsher Singh Gogi 2009(3) CC Cases (SC) 2004.

(3.) A perusal of the complaint filed by the respondent under Section 138 of Negotiable Instruments Act, read with Section 420 of IPC, would show that according to the complainant, she sold a built-up property to the petitioners who claimed that about Rs.3 lakhs were due in respect of electricity bills, water bills and house tax charges etc., and also demanded a sum of Rs.10 lakhs for spending on account of expenses in obtaining Completion Certificate from HUDDA. The petitioner also assured the complainant that unutilized amount out of Rs.10 lakhs being taken for obtaining Completion Certificate from HUDDA would be returned to her within three months. On the assurance of the petitioners to return the balance amount to the complainant and on their delivering post-dated cheque dated 27th September, 2009 for Rs.10 lakhs to her, the complainant made payment of Rs.13 lakhs to them and accepted the post-dated cheque of Rs.10 lakhs from them. Thereafter, the petitioners did not respond, despite the complainant trying to contact them. The complainant then presented the cheque to the bank, when it was dishonoured with remarks "drawer signatures differs".