DEEPESH WADHWANI Vs. ANIL PASRICHA

JUDGEMENT

(1.) By invoking jurisdiction of this Court under Section 482 Cr.P.C., the petitioner has called in question the legality, validity and propriety of the complaint proceedings initiated by the respondent against the petitioner.

(2.) The case of the petitioner is that a cheque of Rs.18,095/- was given to the petitioner. However, when that cheque was dishonoured on 28.5.2003 by assigning reason that there is insufficiency of funds, the petitioner after sending notice on 12.6.2003 filed a private complaint under Section 138 of the Negotiable Instruments Act (N.I. Act). The said complaint was registered as Complaint No. 3164/03. The respondent was already noticed in the said matter and started appearing in the said complaint proceedings.

(3.) The respondent filed a complaint under Sections 420, 406, 467, 468, 506-B, 294 and 120-B of IPC against the petitioner. After recording the statement of the complainant, the Court below took cognizance of the matter. This petition is directed for quashing the proceedings and setting aside the order dated 26.6.2007 whereby the Court below has taken cognizance of the matter and registered the matter as Criminal Case No. 2676/2007.