GANESH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) In these two connected Applications u/s482 Cr.P.C., being Application Nos.6803 of 2003 and 7318 of 2003, two relative applicants Ganesh Singh and his sister-in law Smt. Manju Singh have have prayed for quashing of prosecution of complaint case no. 2535 of 2002, Meera Devi Vs. Ganesh Singh and others, u/s 138 N.I. Act pending before 1st Judicial Magistrate, Jaunpur. Since the facts and prayer in both the applications are common and it both emanates from the same complaint case, hence by this common judgment they are being decided.

(2.) Sri T.B. Pandey, learned counsel for the applicants,Sri V.K. Tiwari, learned counsel holding brief of Sri P.N. Tiwari for the complainant respondent no. 4 and learned AGA for the State have been heard in extenso and record of both the Applications have been scrutinized carefully.

(3.) A priory, preceding facts generating these Applications revealed that a complaint was filed by complainant Smt. Meera Devi/respondent no.4, before 3rd A.C.J.M., Jaunpur with the allegations that she and her husband, Nanhey Seth, were engaged in a cement business in Jaunpur city. Both the applicants Ganesh Singh and Smt. Manju Singh are members of HUF and are original residents of village Kapoorpur, P.S. Buxa, district Jaunpur, but in connections with their business, they reside at Teji Bazar, Buxa, district Jaunpur. Having close business relations between them Ganesh Singh, used to purchase cements from the complainant regularly on credit and reimburse the sale prices subsequently. In these business transactions, it is alleged that applicant Ganesh Singh had purchased on credit cements from the complainant but out of total sale price, Rs. 22000/= remained balanced and when the complainant demanded payment he (Ganesh Singh applicant) asked his sister-in-law (bhabhi) applicant Smt. Manju Singh to make the payment, which was made through cheque No. 687510 of PNB Bank. Admitted case of the complainant, which is a significant fact, is that albeit cheque was filled by applicant Ganesh Singh but the drawer of the said cheque is Smt. Manju Singh as it was she who had signed the aforesaid cheque issued in the name of Nanhey Seth. It is further alleged that complainant deposited the said cheque in her PNB bank, Kesari Bazar branch, but the cheque was dishonored and received back to the complainant on 8.2.2002 with bank endorsement of insufficient funds in the drawer's account. Statutory notice as is contemplated u/s 138 N.I. Act (herein after referred to as the Act) was given to applicant Ganesh Singh only but inspite of service of notice no payment was reimbursed and hence complaint u/s 138 of the Act as well as u/s 420 I.P.C. was filed before the Magistrate to punish both the applicants for the aforesaid offences.