NATHTHUSINGH GANGRADE Vs. JASWANT SINGH

JUDGEMENT

(1.) HAVING failed before the Appellate Court the petitioner has filed this petition under Section 482, Cr. PC for quashing the Criminal Case No. 209/99 pending before Judicial Magistrate First Class, Dharampuri under Section 138 of the Negotiable Instruments Act (for short, 'the Act' ).

(2.) FOR adjudication of the petition, the facts in narrow compass are that the respondent filed a criminal complaint on 20-1-1999 under Section 138 of the Act. His case was that the petitioner had issued cheque No. 667317 for Rs. 20,000/- (Rupees twenty thousand) dated 30-11-1998. The same was presented for encashment on 14-12-1998, it was dishonoured for want of sufficient funds.

(3.) AFTER receiving the cheque back, the respondent sent a legal notice on 8-1-99 to the petitioner for the payment of the cheque amount but the same was not paid by the petitioner, therefore, complainant/respondent filed criminal complaint on 20-1-1999 before the Judicial Magistrate First Class, Dharampuri under Section 138 of the Act.