AJAY RAMPAL SARDA Vs. PANKAJ AND ORS.

JUDGEMENT

(1.) Admit. Heard finally with the consent of learned counsel appearing on behalf of respective parties, at the stage of admission stage itself.

(2.) By this Application, the applicant has prayed for quashing of Criminal Complaint bearing No.3717/2017 filed by respondent no.1, dated 1st September 2017, under Section 138 of the Negotiable Instruments Act (for short " N.I. Act") as well as the order dated 3rd October 2017, passed by learned Judicial Magistrate, First Class, Akola, to the extent of present applicant i.e. original accused no.2.

(3.) It is alleged in the said complaint that the complainant deposited an amount of Rs. 2 lakhs via Cheque No. 0007 drawn on Akola Janata Commercial Cooperative Bank Limited, Akola, through a broker. On receipt of this amount, the accused had duly executed deposit chit in favour of complainant on 28th July 2016 and thus agreed to repay the said amount as and when demanded, along with interest @Rs.1.25 per cent per annum. The learned Judicial Magistrate, First Class, Akola on 3rd October 2017 passed an order of issuance of process against the applicant, along with other accused/ partners. The applicant then filed an application for dismissing the complaint on the ground that the respondent no.1 has made certain bald and vague allegations in the complaint and has not filed the partnership deed. The applicant has now approached this Court for quashing the complaint filed by the complainant on 1st September, 2017.