DINESH CHAND GOYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of this petition, a prayer has been made to quash the proceedings of criminal complaint case no. 2835 of 2007 (Kishan Kumar Agarwal Vs. Dinesh Chand) and the order of cognizance dated 11.07.2007 passed therein. In the said complaint, Dinesh Chand Goyal (petitioner) was asked to stand trial for the offence under Section 138 of the Negotiable Instruments Act, 1881 (herein after called as 'Act').

(2.) Having heard learned counsel for the parties, it appears that in order to discharge the pecuniary liability Dinesh Chand Goyal issued a cheque, which he drew from his banker Punjab National Bank, Kanvali Road, Dehradun. The said cheque was of dated 22.04.2007 for the amount of Rs. 2,24,702/-. The said cheque was presented by respondent no. 2 K.K. Agarwal on the same day in his bank for collection and the same was returned on 15.05.2007 with the endorsement of the bank as 'exceed arrangement'. So notice was sent by K.K. Agarwal as envisaged under Section 138 of the Act on dated 23.05.2007 asking him to make payment but in vain. Consequently, K.K. Agarwal filed the said complaint against Dinesh Chand Goyal on dated 19.06.2007 whereupon impugned order of cognizance was passed.

(3.) The contention of the learned counsel for the petitioner is that notices were never received by him because these were sent on wrong addresses. Two notices were sent on 23.05.2007 asking him to make payment of that cheque. One notice was sent to Dinesh Goyal at the address 91/1, Kanvali Road, Dehradun and another notice was sent to him on the address 90, Kanvali Road, Dehradun. It has been argued that the name of the petitioner is virtually "Dinesh Chand Goyal" and not "Dinesh Goyal" and he resides at 90/1 Kanvali Road, Dehradun.