ASHISH VERMA Vs. PARMOD KUMAR

JUDGEMENT

(1.) Petition under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for quashing of Complaint Case No.12041/2016, under Sec. 138 NI Act, titled as Parmod Kumar vs. Ashish Verma and proceedings emanating therefrom.

(2.) In brief, a complaint under Sec. 138 NI Act was filed on behalf of respondent/complainant alleging that petitioner/accused took an amount of Rs.1.00 lac from the complainant for the purpose of getting the son of respondent admitted in school. However, since the petitioner/accused failed to get his child admitted, a cheque of Rs.1.00 lac was handed over by petitioner. The aforesaid cheque got dishonoured on presentation and was returned with remarks 'Funds Insufficient' vide memo dtd. 3/8/2016. A legal notice dtd. 11/8/2016 was issued on behalf of the respondent. Further, a complaint under Sec. 138 NI Act was preferred by complainant/respondent, since the petitioner failed to make the payment.

(3.) Petitioner was summoned vide order dtd. 1/10/2016 and during the course of proceedings, vide order dtd. 2/9/2021 was declared as 'absconder' (Proclaimed Person), after initiation of proceedings under Sec. 82 Cr.P.C.