DEEPAK AGARWAL Vs. SHANTI SWAMP JAM

JUDGEMENT

(1.) This is an application u/Sec.482 Cr. P.C. for quashing the proceedings u/Sec.138 of Negotiable Instruments Act.

(2.) The brief facts of the case leading to the application are that accused Deepak Agarwal is the Managing Director of M/s Sharp Carbon India (P) Ltd. and complainant Shanti Swarup Jam is a partner of M/s. Jam Paper Mart, Agar. The accused issued two cheques to the complainant firm for a sum of Rs. 45,000/- and Rs. 10,000/- respectively. The cheques were sent for encashment through Union Bank of India but the cheques of Rs.45,000/- was returned by the bank with the remark refer to drawer and the cheque for Rs.10,000/- was returned with the remark Tcheque is mutilated. On receipt of the information that the cheque has been dishonoured a notice was issued by the complainant under postal order as well as by registered post and when the accused failed to, make payment within a period of fifteen days, the present complaint was filed. The application u/Sec.482 Cr. P.C. has been filed for quashing the complaint.

(3.) I Rave heard the learned Counsel for the applicant and the learned A.G.A. for the State and Shri Rajesh Tandon for respondent and have gone through the record.