RAMAJI LAL Vs. AMIT VED

JUDGEMENT

(1.) THE petitioner has filed present petition under Section 482, Cr. P. C. read with Article 227 of the Constitution of india for quashing of Criminal complaint under Section 138 of Negotiable Instruments act, 1988 which is pending in the Court of metropolitan Magistrate since 2002.

(2.) THE respondent/complainant filed a criminal complaint against the petitioner on the allegation that petitioner has issued four cheques for Rs. 40,000/- each to the respondent, in order to repay the loan and the said cheques were dishonoured on presentation.

(3.) IT has been contended by learned counsel for the petitioner that the petitioner had no dealing whatsoever, with the respondent/complainant and no loan was ever taken from him. The cheques in question which were given as security have been misused by the complainant in connivance with his father and the cheques were given blank and only the amount was filled up by the petitioner and the petitioner had already repaid the loan. Hence, the present complaint is frivolous and is liable to be quashed.