ASHOK KUMAR AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) M. K. Mittal, J. The application has been filed under Section 482 Cr. P. C. to quash the Complaint No. 106/98, Luxmi Traders v. Jai Shakti Plastic and Ors. , under Section 138 Negotiable Instruments Act (hereinafter referred as Act) and 420 I. P. C. pending in the Court of Xth Additional Chief Judicial Magistrate, Agra.

(2.) HEARD learned Counsel for the parties and perused the record. The counter and rejoinder affidavits have also been filed.

(3.) ACCORDING to the applicant Ashok Kumar Agrawal, the complaint is not legally maintainable and the learned Magistrate has erred in summoning the accused. ACCORDING to him the complainant was given post dated cheque. He had not purchased any goods and therefore, the accused had informed the bank to stop payment and had also informed the complainant not to present the cheque vide notice dated 5th February, 1998, but the complainant presented the post dated cheque and therefore, no offence under Section 138 of the Act is made out against the accused. The accused has also filed the copy of the notice dated 5th February, 1998 as Annexure-10. It has also been contended that it was a matter of business transaction and the dispute is of civil nature. ACCORDING to the accused applicant, the complainant has not specifically stated that the accused were incharge of the business of the firm. In the circumstances prayer has been made for quashing the complaint.