BISHAN DAYAL Vs. DINESH KUMAR SINGAL

JUDGEMENT

(1.) THE present petition under Section 482 Cr.P.C. seeks quashing of criminal proceedings pursuant to a complaint preferred by the second re spondent (hereinafter referred to as "the complainant") . The complainant had alleged commission of offences under Section 138, Negotiable Instruments Act ("the Act") by the Petitioner.

(2.) THE allegations in the complaint were that the petitioner accused had issued cheques to him, towards valuable consideration and in part discharge of loan amounts secured by the petitioner from him. It was claimed that when the instruments were presented, the payee's bank returned them with the remarks "Accounts Closed". The complainant allegedly issued notice calling upon the Petitioner- accused to make good the amounts in terms of the cheques within the stipulated notice period. The demands were not complied with; in these circumstances the complaints were preferred.

(3.) MR . Kapoor contended that the petitioner had intimated the concerned police authorities at the relevant time when he became aware about the conversion of cheques by the complainant. He placed reliance upon the complaints made in that regard, to local police authorities at Narnaul in Haryana in April, 2004 and subsequently in September, 2005.