SANDEEP KUMAR JINDAL S/O KRISHAN CHANDER JINDAL Vs. STATE OF UTTARAKHAND; BIMAL PRASHAD S/O KUNDAN LAL

JUDGEMENT

(1.) Heard.

(2.) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Case No. 1071 of 2011 (old no. 37 of 2008, 1044 of 2008, 3142 of 2009 & 3741 of 2010), Bimal Prashad Vs. Mukesh Rana and others, pending in the court of Judicial Magistrate Ist, Dehradun, relating to offence punishable under section Negotiable Instruments Act 1881, Police Station Rajpur, District Dehradun.

(3.) The criminal complaint appears to have been filed in the year 2008, and at present pending at the stage of cross examination of PW1 Bimal Prashad . A cheque of Rs. 8,24,500/- issued by the petitioner is said to have been dishonored on presentation before the bankers. Learned counsel for the petitioner submitted that a service of notice is not proper on the petitioner. It is further pointed out that subsequent to file the criminal complaint, the complainant has filed Civil Suit No. 37 of 2010. However, perusal of the copy of plaint of the suit shows that the relief sought is cancellation of sale deed executed by the complainant for which it is stated that he did not receive the consideration.