S C MATHUR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C), the petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 1095 of 2004; Deepak Sharma Vs. S.C. Mathur and an-other, relating to offence punishable under Section 138 of the Negotiable In-struments Act, 1881, pending in the court of Judicial Magistrate First, Dehradun.

(2.) Heard learned counsel for the parties.

(3.) Brief facts of the case are that the respondent No. 2 / complainant filed Criminal Complaint Case No. 581 of 2001 (new No. 1095 of 2004) before the Chief Judicial Magistrate, Dehradun, alleging that he had given loan to the pe-titioner S.C. Mathur amounting to Rs. 1,50,000/- in December 2000. In repay-ment thereof, the petitioner gave cheque No. 770111 dated 15.01.2001, drawn on Punjab National Bank, Branch Wellham Girls High School Extension Coun-ter, E.C. Road, Dehradun. When said cheque was presented by the complain-ant (respondent No. 2) in said Bank it got dishonoured with the endorsement 'Account Number Required'. The complainant has pleaded that he served a notice on the petitioner in February 2001, and again presented the cheque, but the same was again got dishonoured on the same ground. Thereafter, a notice dated 20th February 2001, was given to the petitioner and when no payment was made within fifteen days, the criminal complaint in question was filed before the Chief Judicial Magistrate," Dehradun (since transferred to the court of Judicial Magistrate First, Dehradun). On said complaint, the petitioner was summoned in respect of offence punishable under Section 138 of the Negotiable Instruments Act, 1881, vide impugned order dated 06.11.2001, passed by the Chief Judicial Magistrate, and order dated 09.12.2004, passed by the Judicial Magistrate First, Dehradun.