GULSHAN SETH Vs. ADDL. CHIEF MAGISTRATE

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. seeks to quash the entire proceedings of Complaint Case No. 967/2004 'Smt. P.K. Bhatti vs. Gulashan Seth' under Section 138 Negotiable Instruments Act pending in the Court of the learned Additional Chief Judicial Magistrate, Meerut. A summoning order dated 21.06.2004, passed by the Magistrate in the case has also been sought to be set aside.

(2.) This is an old assigned matter, and despite best efforts made by this Court to secure the presence of the learned counsel for the applicant, he has not appeared on 17.01.2019. The matter was heard with the assistance of Sri Amit Daga, learned counsel appearing on behalf of opposite party no. 2 and Sri Vinod Kant, the learned Additional Advocate General assisted by Sri Akhilesh Kumar Mishra, learned AGA, appearing on behalf of the State. Records of the case were perused and orders reserved.

(3.) A perusal of the complaint annexed as annexure no. 1 to the affidavit filed in support of the application, shows that the impugned proceedings have arisen in the background of facts that the applicant, who is hereinafter referred to as the 'accused', is a son-in-law to the complainant. The accused borrowed between the months of January, 2002 and December, 2002, on various dates, a sum of Rs. 2,00,000/-, which he did not return. It is alleged in the complaint that the accused in order to liquidate his debt, issued four cheques, three of these being drawn on the State Bank of India, Cantt. Branch, Meerut, bearing cheque no. 750238 dated 30.12.2003 for a sum of Rs. 38,000/-, cheque no. 750233 dated 09.12.2003 for a sum of Rs. 50,000/- and cheque bearing no. 75237 dated 03.01.2004 for a sum of Rs. 40,000/; whereas a fourth cheque was issued by the complainant, drawn on the Bank of Baroda, Belly Bazar Branch, Meerut, bearing no. 183730 dated 16.01.2004 for a sum of Rs. 38,000/-. These cheques were handed over by the accused to the complainant, with an assurance that these would be encashed on presentation.