FARHAT HUSSAIN SIDDIQUI Vs. STATE OF U P

JUDGEMENT

(1.) This application under Section 482, Cr.P.C. has been moved with a prayer that the. proceedings of Complaint Case No. 3360/06, (Gyan Singh Jaiswal v. Farhat Hussain Siddiqui) as well as the summoning order dated 15-6-2009 passed by Additional Chief, judicial Magistrate (Court No.6), Jhansi may be quashed.

(2.) Brief facts of the case are that the complainant Gyan Singh Jaiswal filed a complaint under Section 138, N.I. Act in the court of 1st Additional Chief Judicial Magistrate, Jhansi alleging that accused Farhat Hussain is an agent of Life Insurance Corporation and he used to take money as loan from the complainant Gyan Singh from time to time. In the month of December 2005, a sum of Rs.2,70,000/- was taken by the accused from the complainant and it was assured that the money will be returned within a month. On that assurance this amount was given to the accused on 4-12-2005.

(3.) When the accused did not return the money within a month, the complainant asked him for the money. The accused then handed over a cheque dated 10-1-2006 drawn at Vijaya Bank, Jhansi for a sum of Rs.2,70,000/ - from his Account No. 3714. According to complainant, the entire cheque was filled and signed by the accused in the presence of the complainant. The complainant then submitted the cheque in Allahabad Bank, Jhansi on 2-6-2006, which was sent from there to Vijaya Bank, Jhansi for collection of money from the account of the accused. However, since sufficient money was not there in the account, the cheque was dishonoured and was returned to the complainant. The complainant then sent a notice dated 12-6-2006 to the accused through his Advocate, which was served on the accused on 13-6-2006. The accused, however, did not make any payment within 15 days after receipt of the notice and sent an incorrect reply of the notice dated 24-6-2006. The complainant then filed the complaint or 24-7-2006.