RAMESH CHANDRA PATAORIA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned AGA for the State and perused the record.

(2.) By means of this application, the applicant-Ramesh Chandra Pataoria is seeking to quash the proceedings of Criminal Case No. 3492 of 2010 (Aditya Narain Vs. Ramesh Chandra Pataoria), under Section 138 N.I. Act, pending before the A.C.J.M., Court No.8, Jhansi.

(3.) Applicant- Ramesh Chandra Pataoria is an accused and opp. party No.2-Aditya Narain Misra is the complainant of the aforesaid case. The record reveals that the applicant- Ramesh Chandra Pataoria borrowed a sum of Rs. 3,50,000/- from Aditya Narain Misra (opp. party No.2). After some time Ramesh Chandra Pataoria in lieu of payment of the said amount, issued a cheque in favour of Aditya Narain Misra which, on being presented on the bank, was dishonoured by the concerned bank for insufficiency of funds in the account of applicant-Ramesh Chandra Pataoria. In this event, Aditya Narain Misra through his counsel served a statutory notice on the applicant calling upon him to pay the amount of the aforesaid cheque. It is revealed that applicant did not make payment as desired by the notice, therefore, Aditya Narain Misra filed the aforesaid criminal complaint/case against the applicant under Section 138 N.I. Act in the Court of C.J.M., Jhansi along with necessary papers including the cheque in question and the copy of the notice served on the applicant. The complaint was initially registered as Criminal Case No. 13241 of 2009.