PRAMOD TAMRAKAR Vs. BADRI PRASAD MISHRA

JUDGEMENT

(1.) Petitioner/accused has filed this M.Cr.C. under Section 482 of Cr.P.C. to quash the order dated 07.02.2019, passed by learned Judicial Magistrate First Class, Rewa, District Rewa, M.P. in case No. 1034/2012, whereby learned Judicial Magistrate First Class has dismissed the application presented by the petitioner/accused for quashing the proceedings under Section 138 of N.I. Act.

(2.) Case of respondent before the trial Court in short is that respondent/complainant filed a complaint under Section 138 of N.I. Act on 03.02.2012 alleging therein that petitioner/accused took a loan of Rs.1,51,500/- from him. When respondent demanded the loan amount from present petitioner/accused then on 08.06.2011 petitioner/accused gave a cheque of Rs. 1,51,500/- to him. He deposited the said cheque in bank but cheque was dishonored then respondent gave statutory notice to the petitioner to pay the amount of cheque but petitioner did not pay any amount within statutory time then he filed a criminal case under Section 138 of N.I. Act. Learned Judicial Magistrate took cognizance under Section 138 of N.I. Act against the petitioner/accused.

(3.) Learned counsel for the petitioner/accused submits that it is alleged by the respondent/complainant that petitioner-non/applicant has issued a cheque bearing No. 260427 on dated 26.10.2011. Respondent/complainant deposited this cheque to Rewa-Sidhi Gramin Bank but cheque become dishonoured on the basis of insufficient amount in the account of petitioner/non-applicant. Then, he issued a statutory notice and filed a criminal complaint under Section 138 of N.I. of Act against the petitioner-accused but petitioner/non-applicant lodged a missing report of said cheque on dated 17.02.2011. So, it is very clear that respondent/complaint himself had stolen the cheque and made false signature of petitioner/non-applicant on the cheque. The Handwriting Expert has also given the report before the learned trial court that petitioner's signature is not found on the said cheque. Petitioner/non-applicant has also filed a criminal complaint against respondent/complainant. So, no case is made out under Section 138 of NI Act against the petitioner-accused. In this regard, petitioner has relied upon the judgment delivered in the case of Raj Kumar Khurana Vs. State of (NCT of Delhi) and another (2009) 6 SCC.