BALRAM SINGH VERMA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 22 of 2004; J.F.C. Finance (India) Ltd. Vs. Balram Singh Verma and another, relating to offence punishable under Section 138 of the Negotiable Instruments Act, 1881, pending in the court of II Addl. Civil Judge (Junior Division) / Judicial Magistrate, Dehradun.

(2.) Heard learned counsel for the parties present and perused the papers on record.

(3.) Brief facts of the case are that the respondent No. 2 / complainant filed a criminal complaint, copy of which is annexed as Annexure 7 to the petition, in which it was alleged by the complainant / respondent No. 2 that the complainant is a finance company from whom the petitioner No. 1 took loan to purchase a scooter and gave 19 post dated cheques, amounting to Rs. 2,100/- each. It is pleaded by the complainant that when the cheque No. 384420 dated 19.12.2003 was presented before the bankers on 21.12.2003, the same was returned with the endorsement `Stop Payment'. On this, the complainant gave necessary notice on 06.01.2004, but the petitioners did not pay the amount. Hence, the complaint was filed. The Magistrate, after recording the statement of the complainant under Section 200 of Cr.P.C. and that of the witness under Section 202 of Cr.P.C., summoned the accused (present petitioners) to face the trial in respect of offence punishable under Section 138 of the Negotiable Instruments Act, 1881.