RAVI KANYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present C482 application has been filed, challenging the proceedings of Criminal Complaint Case No. 1769 of 2023, Kiran Chandra Joshi vs. Ravi Kanyal, which has been initiated pursuant to the complaint filed by respondent no. 2 under Sec. 138 of the Negotiable Instruments Act.

(2.) Brief facts, of the case, are that a cheque was issued by the present applicant on 20/2/2020 to the respondent/complainant for an amount of Rs.6.50 lakhs which was presented for encashment in the Bank on 15/4/2020, however it was returned back with an endorsement "funds insufficient" and again the same was presented for encashment in the Bank on 21/5/2020, which was returned back with an endorsement that the valid period of the cheque has been expired. Thereafter, the respondent/complainant sent a notice of demand on 18/6/2020 which was replied by the applicant on 29/6/2020, and, thereafter again a notice of demand was sent on 29/8/2020 which was also replied by the applicant on 14/9/2020. When the amount was not paid to the respondent/complainant then he filed complaint under Sec 138 of the Negotiable Instruments Act on 28/9/2020, in which the Trial Court initiated the process and summoned the applicant by order dtd. 11/4/2023.

(3.) Learned counsel for the applicant submits that the proceeding initiated pursuant to the complaint filed by the respondent/complainant under Sec. 138 of the Negotiable Instruments Act is an abuse of process of law. Apart from this he submits that the complainant did not disclose the fact in his complaint for what purposes the cheque was given and submits that there is no legally enforceable debt, hence, the proceedings be quashed.