AFROJKHAN Vs. MANDODARA W/O MADHAVRAO KENDRE

JUDGEMENT

(1.) Present petition has been filed under Article 227 of Constitution of India read with Section 482 of the Code of Criminal Procedure to quash and set aside the complaint i.e. Summary Criminal Case No.33 of 2017 filed before learned Judicial Magistrate, First Class, Nilanga District Latur, against the present petitioner alleging that, he has committed offence punishable under Section 138 of Negotiable Instruments Act.

(2.) The present respondent - original complainant has filed the said complaint before the learned Judicial Magistrate on 18-01-2017. She had contended that, she had extended amount of Rs.3,00,000/- as hand-loan to the accused. The accused had promised to return the said amount, however whenever asked he avoided and, ultimately, he issued cheque on 03-11-2016 for the said amount drawn on his bank. The complainant presented the said cheque for encashment on 15-12-2016. It was returned for insufficiency of funds by the bank of the accused on 16-12-2016, and the complainant received the cheque along with the memo on 17-12- 2016. The complainant issued notice to the accused on 31-12-2016 calling upon him to pay the amount under the cheque. The said notice was refused to be accepted by the accused on 03-01-2017. According to the complainant, the cause of action arose for her to file the complaint on 18-01-2017, and accordingly the said complaint has been filed on 18-01-2017.

(3.) After the verification, the learned Judicial Magistrate, First Class, Nilanga has passed the order of issuing process against the accused on 15-04-2017. By this writ petition, the accused has prayed for quashment of the proceeding itself.