SALABH GOYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD on restored petition.

(2.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure., the Petitioner has sought quashing of proceedings of criminal case No. 919 of 2010, Anjul Mehta v. Salabh Goyal, relating to offence punishable under Section 138 of Negotiable Instruments Act, 1881, pending in the court of Additional Chief Judicial Magistrate, Haridwar.

(3.) ON the other hand on behalf of the Respondent No. 2 Anjul Mehta (complainant), it is contended that the Petitioner knowingly committed cheating by issuing a cheque to him, without there being sufficient funds in the account. It is also contended that due notice was given to the Petitioner and still he failed to pay the amount to the complainant. Attention of this Court is also drawn to the fact that the complainant who stood guarantor and mortgaged his property for the cash credit limit availed by the Petitioner and his wife. The complainant has become victim of cheating at the hands of the Petitioner.