HIMANSHU GAVA 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 petitioners have sought quashing of the proceedings of the criminal complaint case No. 1163 of 2003, Pushkar Mal and Ors. v. Himanshu Gava and Ors., relating to offence punishable under Section 138 of Negotiable Instruments Act, 1881, pending in the court of Chief Judicial Magistrate, Rudrapur, District, Udham Singh Nagar.

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

(3.) Brief facts of the case are that the respondent No. 2 and respondent No. 3 filed a criminal complaint No. 1163 of 2003, before Chief Judicial Magistrate, Udham Singh Nagar against the petitioners and M/s Gava Rice Mill with the pleading that the complainants are dealing with the peddy business. The accused purchased peddy from the complainants, and towards part payment of the price, the cheque No. 407370 signed by petitioner No. 1 was issued for an amount of Rs. 2,50,000/-. When said cheque was presented before the bankers, same was dishonoured with the endorsement "insufficient funds". On this, the complainant gave a notice to the petitioner No. 1, and when within 15 days of receipt of notice no payment was made, the criminal complaint was filed.