YOGENDRA KUMAR KHULAR Vs. STATE OF U P

JUDGEMENT

(1.) THE present petition under Section 482 Cr.P.C. has been filed with a prayer to quash the the Criminal Complaint Case No.134 of 2007, Ram Singh Rathaur Vs. Yogendra Kumar Khullar @ Bittoo, under Section 138 of the Negotiable Instrument Act ( hereinafter referred to as the Act), PS Banna Devi, District Aligarh.

(2.) THE brief facts of the case are that opposite party no.2 Ram Singh Rathaur filed a complaint against the applicant for the offence under Section 138 of the Act with the allegations that the accused applicant was partner of V.I.P.Financiers Firm ( Regd.) situated at Agarwal Market, Railway Road, Thana Banna Devi, District Aligarh and a sum of Rs.50,000.00 was given as loan to the said firm on 4.1.2000 @ 2 per cent monthly interest by the opposite party no.2, for which a receipt was also given on 4.1.2000 itself. It is alleged that for the last one year as the accused did not pay any interest, the complainant demanded his money back towards which the accused gave him a cheque dated 4.1.2007 of account no.3107, Canara Bank, Apsara Complex, Main Branch Aligarh with the assurance that the said cheque shall never be bounced. Thereafter the complainant deposited the said cheque on 24.2.2007 in his Savings Bank A/c in Canara Bank, Main Branch, Aligarh but when he went to the Bank to enquire about the said cheque in his account on 7.3.2007, it was found that the same was dishonoured. The complainant sent a legal notice to the applicant on 13.3.2007 regarding the bouncing of the said cheque informing him to return the money within 15 days from the receipt of the said notice but till date, he did not return the same. Hence the complainant was filed on 4.4.2007.

(3.) HEARD Sri Amit Daga, learned counsel for the applicant, Sri S.P.S.Chauhan learned counsel for opposite party no.2 as well as learned AGA and perused the record.