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 respondent (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. R.K. Kapoor, learned counsel contends that the petitioner did not owe any amount to the respondent-complainant. The complainant, according to the petitioner's version was his Clerk/Accountant and privy to his business. The petitioner, it is contended, was ailing at that time, due to Diabetic Nephropathy, leading to renal failure for 15 years and had to frequently undergo dialysis. He heavily depended upon the complainant, and his son later joined the business when the respondent was already working for him. It is contended that during the interregnum several blank, signed cheques were kept for routine use and in safe custody; the complainant had access to them. It is claimed that at the relevant time without the knowledge or authorization of the petitioner, the complainant stole the cheques and sought to present them to the banker after filling them with amounts.