BHOLA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the Criminal Case No.2250 of 2003, Jitendra Virmani Vs. Ajay Kumar Jaiswal, U/s 138 of the Negotiable Instruments Act, 1881 [hereinafter to be referred as the Act] and u/s 420 of the Indian Penal Code, 1860 [hereinafter to be referred as IPC], pending before CJM, Dehradun.

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

(3.) In brief, the facts of the case are that the respondent no.2-Jitendra Virmani filed a complaint against the present petitioners and co-accused Ajay Jaiswal with the allegations that in the month of May 2002, the petitioners along with the co-accused had come to his house for providing him financial assistance to the co- accused Ajay Kumar Jaiswal, however the complainant expressed his inability for the same. But on the repeated requests of all the petitioners and co-accused, the complainant agreed to give Rs.1.25 lacs. It is further stated that on 29.5.2002, co-accused Ajay Jawaswal and petitioners Smt. Sampatti Devi and Smt. Asha Devi had come to the complainant and requested with folded hands to pay Rs.1.25 lacs and the complainant asked co-accused Ajay Jaiswal to get the receipt of the amount typed and signed it and duly affix the revenue stamp on it as token of receipt of the amount. Then the said receipt was signed by accused Ajay Jaiswal after receiving Rs.1.25 lacs in cash on 29.5.2002 in presence of two witnesses, namely, Harbans Virmani and Surender Wason. In lieu of money received, a Cheque No.653298 dated 29.7.2002 for Rs.1.25 lacs was issued by accused Ajay Jaiswal in favour of complainant. When the said cheque was presented in the bank on 26.8.2002 for encashment, that Cheque was dishonored. On 9.9.2002, counsel for the complainant sent a legal notice to the accused Ajay Jaiswal, which was served upon him on 11.9.2002. But even when the payment was not made, the complaint was filed against the petitioners and co-accused on 23.10.2002. After hearing learned counsel for the parties and other evidence on record, learned CJM, Dehradun vide order dated 17.12.2002 summoned the accused Ajay Jaiswal U/s 138 of the Act while the petitioners were summoned u/s 420 of IPC. Hence, the instant petition.