PRAMOD KUMAR SETHI Vs. STATE OF U P

JUDGEMENT

(1.) THE present application has been filed for quashing of complaint case No. 823/2002 pending in the Court of Vth a. C. J. M. , Ghaziabad.

(2.) THE opposite party No. 2 filed a complaint in the Court of learned magistrate on the allegation that the complainant is proprietor of M/s siddhbali Traders and is engaged in the business of purchasing and selling pipes and scrapes and it is alleged that there was a business transaction between the parties and payments were made sometimes in cash and sometimes through cheques. It is alleged that during the course of business a sum of 9,05,000/- become due towards the applicants. The aforesaid cheque was presented for encashment, but it was dishonoured on 28th May, 2001 and again it was presented on 8th October, 2001 and again it was dishonoured and opposite party No. 2 complainant received information from the bank on 15th October, 2001. On 24th October, 2001 a notice was sent and no payment was made in compliance of the notice and complaint was filed on 5th December, 2001.

(3.) IT is submitted by the applicants' Counsels that the allegations of the complaint are false and frivolous and no offence is made out against the applicants. It is further submitted that there was business transactions between the parties and there is no allegation of dishonest intention or any element of cheating against the applicants. The allegation discloses only civil dispute and no offence under Section 138 of Negotiable Instruments Act is made out. It is not disputed that the cheque was issued by the applicants and the said cheque was dishonoured and notice was given and despite the service of the notice no payment was made by the applicants.