IQRA INTERNATIONAL MARIGAHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for the applicant, learned counsel appearing on behalf of the opposite party no.2, learned A.G.A. and perused the record.

(2.) The instant petition has been filed for quashing the proceedings initiated against the applicant in Complaint Case No. 2446 of 2008 (M.L. Sons Creation Vs. Iqra International, Mariyahu through its Partner Yunus) under Section 138 Negotiable Instruments Act, police station Bhadohi, district Sant Ravi Das Nagar. The complaint was filed on behalf of M.L. & Sons through its proprietor Sanjay Dubey on 10.6.2008 that the applicant's firm had purchased carpets of Rs. 4,02,410.25/- from the complainant firm and four cheques of different dates in respect of the aforesaid payment were given. Th details of which are as under;

(3.) The first cheque was presented to the Bank on 4.2.2008 but it was returned with the bank endorsement that amount was insufficient. The complainant immediately informed to the applicant but he had assured that the payment of the cheques will be done together and on his assurance when allthe four cheques were again presented on 16.4.2008 were dishonoured and when the complainant again informed him through telephone the applicant had assured him that there is some delay in getting money from outside the country, therefore, he could again present the cheque and the money will be paid after 20 days. The complainant again presented the aforesaid four cheques on 9.5.2008 at I.D.B.I. Branch, Singra, Varanasi but the cheques were returned with the endorsement that on account of insufficient fund, thereafter a registered notice was sent on 19.5.2008 to the applicant and after receiving the notice a complaint was filed under Section 138 Negotiable Instruments Act. The complainant had filed the original cheque with the endorsement of the Bank and the receipt of notice given through Advocate was filed in support of the complaint. The learned Chief Judicial Magistrate, Bhadohi prima facie found that a case under Section 138 Negotiable Instruments Act is made out against the applicant hence taken cognizance and issued summons by order dated 22.10.2008.