RAJ KUMAR KHURANA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Present petition has been filed under Section 482 Cr.P.C. by the petitioner seeking quashing of the proceedings pending before Shri Mukesh Gupta, MM in case No.1821/01.

(2.) Complaint under Section 138 read with Section 142 of the Negotiable Instruments Act and under Section 420 IPC has been filed by respondent No.2 against the present petitioner on the ground that the complainant has business dealing with the present petitioner and during the course of business transaction, petitioner admitted to the liability to the tune of Rs.14,52,095/- and gave a cheque for this amount and promised that the same shall be honoured on its presentation. On presentation of the cheque by the complainant, the same was dishonoured by the bank with the remarks "said cheque reported lost by the drawer". Thereafter, legal notice was issued by the complainant and petitioner denied his liability and thus complaint under Section 138 was filed before the MM, where the trial is going on since 2001.

(3.) Now, all of a sudden, the present petition seeking quashing of the complaint has been filed by the petitioner on the ground that, the petitioner had lodged a complaint on 16th April, 2001 itself with the bank regarding the lost cheques and also lodged complaint with the police and thus there was no occasion for the petitioner to handover the cheque in question to the complainant on 25th June, 2001 and the complainant with malafied intention to extract money from the petitioner, has filed the present complaint based on false and fabricated cheques and other documents and as such no offence under Section 138 of the Negotiable Instruments Act is made out. In support of his contentions, learned counsel for the petitioner has cited decision of Punjab/Haryana High Court reported as Abdul Samad v. Satya Narayan Mahawar, 1990(2) Recent Criminal Reports 335, Shri Swaminathan and Anr. vs. State of Haryana and Anr., 1993(3) Recent Criminal Reports 507 and Avon Organics Ltd. vs. Poineer Products Ltd. And Others, 2004(Vol.119) Company cases 18.