NARENDAR KUMAR Vs. RAHUL BORA

JUDGEMENT

(1.) By means of this petition, prayer has been made to quash the order of cognizance dated 11.1.2008, passed by the Chief Judicial Magistrate, Almora, and the entire proceedings of Criminal Complaint Case No. 998 of 2007, Rahul Bora v. Narendar Kumar, under Section 138 of the Negotiable Instruments Act (for short, 'the Act').

(2.) It is pertinent to mention that none turned on behalf of the private respondent despite personal service upon him. Hence, this Court extended hearing to Mr. Ganesh Kandpal, learned Counsel for the accused applicant.

(3.) It transpires that the accused applicant Narendar Kumar is the drawer of two cheques bearing numbers '450267' & '450268' drawn at Nainital Almora Regional Rural Bank. He allegedly issued these two cheques to respondent complainant Rahul Bora on 3.5.2007 in the discharge of his monetary debt worth Rs. 1,80,000/- towards him. When the said cheques were presented for encashment by Rahul Boara, the same were dishonoured by the bank with the endorsement "insufficient fund" in the account of the drawer. So, Rahul Bora after issuing the notice as envisaged under Section 138(b) of the Act, filed a complaint on 12.12.2007 in the court of Chief Judicial Magistrate, Almora, whereupon the learned Magistrate passed the impugned order of cognizance.