BALKISHAN Vs. KUUSHAL SINGH

JUDGEMENT

(1.) THE applicants have filed this petition under Section 482 of the code of Criminal Procedure for quashing the private complaint No. 689 of 1999 pending before the Judicial Magistrate, First Class, Jobat under Section 138 of the Negotiable Instruments Act, 1881 read with Section 420, I. P. C.

(2.) THE fact of the case, in brief, are that the non-applicant filed a criminal complaint against the applicants in the allegations that they had issued a cheque No. 014489 dated 28. 11. 1998 for a sum of Rs. 40,000/- in favour of the non-applicant. The aforesaid cheque was returned uncashed with the remarks "insufficient funds". Latter on the non-applicants informed the applicants about the bouncing of the cheque. Thereafter the applicants called the non-applicant/complainant to Indore on 18. 2. 1999 and the allegation of the non-applicant/complainant in the complaint is that instead of paying the amount of cheque to him, the applicants under threat and undue influence got one receipt executed for a sum of Rs. 40,000/- from him without paying the amount. The non-applicant lodged First information Report in the Police Station at Indore on 18. 2. 1999. The non-applicant again presented cheque for encashment on 27. 2. 1999 and the same was returned by the Bank on 22. 3. 1999 with the same remark of "insufficient funds" and thereafter he filed this complaint. The learned Trial Court after recording the evidence under Section 200 of the Code of Criminal Procedure, by order dated 8. 7. 1999 took the cognizance in the matter and issued process and bailable warrant against the applicants. Against this order of issue of process and warrant, the applicants have filed this petition for quashing the criminal complaint.

(3.) I have heard the learned Counsel for the parties and perused the impugned order.