IQBAL AHEMAD KHAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned Additional Govern ment Advocate.

(2.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing the complaint case No. 3176 of 2006, under Section 138 of the negotiable Instruments Act (Rajesh Kumar mishra v. Iqbal Ahmad Khan), pending in the court of Additional Chief Judicial Magistrate, Court No. 6, Jhansi.

(3.) THE brief facts of the case are that a complaint was filed by Rajeshwar Mishra alleging that as the complainant wanted to purchase the house of the applicant and the complainant gave an advance of Rs. 4,60,000/-for this purpose to the applicant. As the applicant pleaded his inability to get the house vacated to hand over to the complainant in accordance with the agreement, he gave one Bank Draft of Rs. 3,55,000/-on 30-8-2005 drawn on Punjab National bank, Parichha, Jhansi and another cheque amounting to Rs. 105,000/- dated 15-12-2005, drawn on Corporation Bank, to the complainant at his residence at Parichha, jhansi and assured him that the said cheque would definitely be encashed. The complainant deposited the cheque at his bank, viz. State Bank of India Parichha, jhansi on 1-5-2006. On 2-6-2006 the complainant received information from the bank that the aforesaid cheque had been dishonoured on account of insufficiency of funds and had been returned to the State bank of India on 22-5-2006. In accordance with the provisions of the Negotiable Instruments Act, the complainant gave due notice to the applicant to pay the said amount within fifteen days, but payment was not done and consequently the complainant lodged the complaint on 6-7-2006 under section 138 of the Negotiable Instruments act read with Section 420 IPC.