DURGESH NEGI Vs. KULDEEP NEGI

JUDGEMENT

(1.) By means of this petition moved under Section 482 of Code of Criminal Procedure 1973 (for short Cr.P.C.) the petitioner has sought quashing of proceedings of criminal complaint case No. 1104 of 2009 Kuldeep Negi v. Durgesh Negi relating to offence punishable under Section 138 of Negotiable Instruments Act 1881 pending in the court of Chief Judicial Magistrate Rudraprayag.

(2.) Heard.

(3.) Learned counsel for the petitioner drew attention of this Court to case of Lalit Kumar Sharma and another v. Sate of U.P. and another, 2008 5 SCC 638 and argued that when the second cheque is issued to compensate the first dishonoured cheque no offence punishable under Section 138 of Negotiable Instruments Act 1881 can be complained in respect of the subsequent cheque. On perusal of aforesaid case law this Court finds that in said case there was earlier criminal complaint in respect of the earlier cheque issued and the court treated the entire transaction as one and in that circumstance subsequent complaint was held to be untenable. The facts of the present case are different and it is not the second complaint which is challenged. Also it is pleaded that the service of notice cannot be presumed as pleaded in the complaint and the criminal complaint filed is liable to be quashed.