SANTOSH MANDHANI Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) Quashing of criminal complaint under Section 138 of the Negotiable Instruments Act, 1888, pertaining to dishonouring of cheques of Rupees seventeen lacs or so, is sought in this petition by the petitioner/accused by asserting that a civil litigation regarding the cheques in question is pending and the present case is not of dishonouring of cheque but is a case of 'stop payment ' of the cheques and the cheques in question were not issued in discharge of any legal debt and infact these cheques have been misused, as the amount in these cheques was left blank.

(2.) Heard.

(3.) Learned Counsel for the petitioner as drawn the attention of this Court to show that in the complaint the breakup of the amount of cheques in question is different than its breakup in the civil suit, which is pending. It is the case of the petitioner that he is no more all India distributor of M/S Ambalal Sarabhai Enterprises Ltd. and he has handed over the unsold stock in trade to the aforesaid enterprise and the initiation of the present proceedings is an abuse of the process of the Court, therefore, it deserves to be quashed.