VIKAS SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY way of this petition moved under Section 482 Cr.P.C, the prayer has been made to quash the criminal complaint case no. 846 of 2005 titled as "Praveen Kumar Vs. Vikas Sharma" wherein order of cognizance dated 22.10.2003 was passed asking petitioner to stand trial for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter called as 'the Act'). It is pertinent to mention that this Court has given hearing to learned counsel for the applicant while none has responded on behalf of the respondent no. 3 even in the revised call.

(2.) HAVING heard learned counsel for the applicant, it appears that the said complaint was instituted on 01.10.2003 under the Act, for recovery of the amount mentioned in three cheques of Account No. CA 106 drawn from Punjab National Bank, Jwalapur Branch, Haridwar. The details of these cheques are mentioned as under: <FRM>JUDGEMENT_349_TLUTN0_2011.htm</FRM>

(3.) THE crucial argument put forth by the learned counsel for the applicant is that the said Account No. CA 106 was in the name of Mehboob AH and petitioner was not the Account holder of the same. He has filed attested true copy, verifying the above fact, which is Annexure no. 7 to the petition. Besides, paragraph 16 of the affidavit filed in support of the petition, reads thus: