DEVENDRA KUMAR RAI Vs. RAM GOPAL RAI

JUDGEMENT

(1.) The matter was heard on 7-7-1998.

(2.) The applicant made a prayer for quashing the proceedings of Complaint Case No. 5434 of 1997 (Ram Gopal Rai v. Devendra Kumar Rai) under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the NI Act) pending in the Court of CJM, Jhansi. Certain papers were brought on record as annexures to the original affidavit, as also to the supplementary affidavit.

(3.) The complaint in question was filed by Ram Gopal Rai alleging therein that his father was entitled Rs. 62500.00 from Devendra Kumar Rai (present applicant) on account of supply of cement as also on account of payment of labour charges in cash. When demanded the accused always insisted that he would make the payment. But he had always been deferring such payment. Finally, he issued a cheque in favour of the complainant for payment of the aforesaid sum due to the father of the complainant. The cheque was drawn on the Punjab National Bank and was presented for encashment with the Central Bank of India, Babina. The PNB refused payment on the cheque on the ground of shortage of fund as also on other technical grounds. A notice was sent to the present applicant by the complainant demanding payment of the sum and the notice was refused on 12-3-1996. No payment despite this notice was made and the complaint was filed on 30-3-1998.