MANI RAM RAMHARAK Vs. STATE OF UTTARANCHAL

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 the proceedings of criminal complaint case No. 24 of 2005, Nanhe Khan vs. Mani Ram , relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, pending in the court of II Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Haridwar.

(2.) Heard learned counsel for the petitioner and learned counsel for the State. None appeared on behalf of respondent no.2 even after sufficient service of notice.

(3.) Brief facts of the case are that the criminal complaint was filed by the respondent no.2 Nanhe Khan against the petitioner which was registered as criminal complaint case no. 24 of 2005, in which it is alleged that the petitioner Mani Ram took a loan of rupees one lac from the complainant to repay his loan taken from HDFC. The petitioner had agreed to repay the loan taken from the complainant which he failed to repay. On being requested again and again, the petitioner gave a cheque no. 735436 dated 25.08.2004, for an amount of Rs. 75,000/- towards repayment of the loan. When the complainant presented said cheque with the bankers on 22.01.2005, the same was received back with the endorsement of "insufficient fund".