SK LOKHANDE Vs. NANDKISHORE

JUDGEMENT

(1.) HEARD on admission.

(2.) APPLICANT has preferred an application under Section 482 of Cr.P.C to quash the proceedings pending before JMFC, Sehore in Criminal Case No.1921/2010.

(3.) AFTER considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, I am of the view that it is not a simple case of dishonour of cheque. In the present case applicant issued a cheque being a partner of firm S.R. Lokhande but, the cheque book was not of the account of that firm and therefore, applicant was not interested to pay the money to the respondent and therefore, by issuance of such a wrong cheque dishonest intention of the applicant is visible. Factual position is to be considered by the trial Court in detail and therefore, details of the facts are not considered here because otherwise, prejudice shall be caused before the trial Court. Observations made by Hon'ble Apex Court in case of Vir Prakash Sharma (supra) are not applicable in th present case because of different factual position. However, it is not a case in which application under Section 482 of Cr.P.C may be accepted.