YAKOOB KHAN Vs. PRADEEP SHRIMAL

JUDGEMENT

(1.) This petition, under section 482, Criminal Procedure Code, 1973 (for short 'the Code') has been directed by the petitioner/accused against the order dated 23-3-2009 passed by JMFC, Chachoda District Guna in M.J.C. No. 136/2007, under section 138 of the Negotiable Instruments Act, 1881 (in short 'the Act'), dismissing his application under section 203/245 of the Code and prayer of stopping the further proceedings and to discharge him in the case was rejected.

(2.) Respondent/complainant filed a complaint under section 138 of the Act against petitioner/accused on the facts that having developed acquaintance between them, during course of doing contract work together for one Punji Liyard Company, need of petitioner/accused of Rs. 4,50,000/- was entertained by respondent/complainant and amount advanced to him. While reminded by respondent/complainant for its repayment, petitioner/accused issued a Cheque No. 525934 to the tune of Rs. 4,50,000/- on 1-1-2007 in the name of respondent/ complainant. While it was sent for collection, it was bounded for want of funds.

(3.) Respondent/complainant on 29-1-2007 sent a notice to petitioner/accused mentioning that aforesaid cheque was bounced for want of funds on 2-1-2007, hence the amount should be repaid to him, failing which, would liable him for prosecution.