VIJAY BHARTI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this C528 application, applicant has challenged the entire proceedings of the Criminal Complaint No.994 of 2023 titled as "Rajendra Prasad Kohli Vs. Vijay Bharti, pending in court of learned Judicial Magistrate, Rudrapur, Udham Singh Nagar under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "Act of 1881), registered at Police Station Rudrapur, District Udham Singh Nagar as well as quashing of cognizance & summoning order dtd. 18/12/2023.

(2.) It is contended by learned counsel for the applicant that as the complainant & the present applicant were friends, the complainant loaned Rs.12,00,000.00 to the applicant out of which Rs.6,00,000.00 & Rs.3,00,000.00 have already been paid to the complainant & endorsement to that effect has also been taken by Rajendra Prasad Kohli (complainant). He also submitted that applicant is ready to pay the balance.

(3.) It is further contended by learned counsel for the applicant that Mr. R.P. Kohli lodged a complaint in C.M. Helpline with fictitious facts, knowledge of which was acquired by the applicant by means of R.T.I. He also submits that Sec. 138 of Act of 1881 proceedings cannot be initiated for a legally enforceable debt, therefore, the proceedings are liable to be quashed.