ANIL KUMAR GOEL Vs. STATE OF U P

JUDGEMENT

(1.) The present application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No. 3972 of 2012 (M/s Pal Milk Product Vs. Anil Kumar Goel), under Section 138 of Negotiable Instruments Act, 1881, pending in the Court of the Ist Additional Chief Judicial Magistrate, Meerut.

(2.) The opposite party no.2 filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') against the applicant in the court of Ist Additional Chief Judicial Magistrate, Meerut with the allegation that Cheque No. 875688 issued by the applicant drawn on State Bank of India for an amount of Rs. 48,96,422/- in favour of M/s Pal Milk Product was presented for encashment at Bank of Baroda, Branch Pallavpuram, District Meerut but it was returned with the remark "fund insufficient" vide memo dated 04.09.2012. On 19.09.2012, a legal notice was sent to the applicant. Neither the said notice nor its acknowledgment due returned. On 02.11.2012, again a legal notice was sent to the applicant. There is a presumption of service of the said notice upon the applicant on 04.11.2012. Despite service of notice, the applicant did not make any payment nor sent any reply.

(3.) The complaint was filed on 19.11.2012. The learned Magistrate after recording the statement under Sections 200 and 202 Cr.P.C. summoned the applicant vide order dated 04.10.2013, under Section 138 of the Act.