JAVED Vs. KISHORE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, the present matter is taken up for final disposal at admission stage itself.

(2.) Heard rival submissions for some time. By the present writ petition, filed under Art. 227 of the Constitution of India and under Sec. 482 of Crimial P.C. entire criminal proceeding bearing No. 751 of 2012, pending before the J.M.F.C. Shrirampur is prayed to be quashed. The said proceeding is arising out of the complaint lodged by respondent No.1-original complainant under the provisions of Sec. 138 of Negotiable Instruments Act.

(3.) During arguments, learned advocate for the petitioner-accused strongly submitted that there was no any transaction between the present petitioner and respondent No.1 as to sell of the vehicle, as specifically mentioned in the complaint and that the said sale transaction was between one Pradeep Suryawanshi, as a purchaser and one Mahemood Shaikh, as seller of the said vehicle. Some part payment for the sale of vehicle to Pradeep Suryawanshi was also paid by him to Mahmood. As such, according to the petitioner, he has nothing to do with the transaction of sale of vehicle and there cannot be any offence punishable under section 138 of Negotiable Instruments Act.