ANAND JOG Vs. THE STATE OF A.P.

JUDGEMENT

(1.) This petition is filed under section 482 of the Criminal Procedure Code, 1973 to quash the proceedings in C.C. No. 339 of 2017 pending on the file of II Additional Judicial First Class Magistrate, Nuzvid, Krishna District, for the offence punishable under section 138 of the Negotiable Instruments Act (for short 'the Act') on the ground that the petitioner/A3 is not the signatory to the cheque.

(2.) The 2nd respondent filed a private complaint alleging that the petitioner entered into development agreement and received Rs. 3,22,785/-, as advance, for development. But A1 represented by its Managing Director failed to perform the obligation under the Development Agreement and upon insisting, A1 issued cheque bearing No. 238176 on 30.09.2016 for Rs,3,22,785/- drawn on Dena Bank, Deccan, Gymkhana Branch, Pune in favour of the 2nd respondent, signed by A2, being authorised signatory of A1 and A2 and A3 have dealt with the transactions of the complainant. On presentation of the said cheque for collection, it was returned with cheque return memo dated 28.11.2016 and immediately, the 2nd respondent got issued a notice strictly complying with the requirement under Clause (b) of proviso to Section 138 of the Act and the said notice was received. The accused had neither paid the amount nor issued any reply.

(3.) The main contention raised before this Court by the petitioner is that he is not a drawer or maker of the cheque as defined under Section 7 of the Act and thereby, he cannot be made liable for the offence punishable under the Act.