VINAY PANDEY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This application under Sec. 482 CrPC has been filed by the applicant seeking quashing of Complaint Case No. 899/2021 under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter 'N.I. Act'), pending before the learned ACJM, Khatima, along with the summoning order dtd. 11/10/2021.

(2.) The case arises from the alleged dishonour of Cheque No. 232022, dtd. 1/11/2020, drawn on Almora Urban Cooperative Bank, Khatima Branch, for ?10,40,000/-, purportedly issued by the applicant in discharge of a legally enforceable debt. The cheque was dishonoured with the endorsement 'Payment Stopped by Drawer' on 29/5/2021.

(3.) Legal notice dtd. 15/6/2021 was issued by the complainant (respondent no. 2), demanding payment within 15 days. Upon failure to comply, the complaint was filed on 2/8/2021. The learned Magistrate took cognizance and summoned the applicant vide order dtd. 11/10/2021.