ANIL KUMAR LOHADIYA Vs. RAMLAL GUPTA

JUDGEMENT

(1.) This petition under Sec. 482 of the Cr.P.C has been filed by the petitioner/accused for quashment of the criminal complaint bearing Case No.1952/2014 (Ramlal Gupta (deceased through Lrs) Vs. Anil Kumar Lohadiya under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as the "NI Act"), pending before the Chief Judicial Magistrate, Rewa.

(2.) According to the facts of the case, Ramlal Gupta filed a complaint in his lifetime before the CJM, Rewa alleging that complainant and accused knew each other personally for the last 10 years. Complainant had worked with the Navbharat Buildcon Private Limited Construction Company and for that work petitioner/accused had issued Cheque No.560033 dtd. 10/1/2014 of an amount of Rs.3,40,000.00 of State Bank of India, Bhopal in favour of complainant. When he deposited that cheque in his bank account of Canara Bank, Rewa on 12/2/2014 and 3/4/2014, same stood dishonored due to insufficient fund in the account of accused. Thereafter, a statutory notice was given to the accused on 9/4/2014 which was served on him on 23/4/2014. Despite service of notice accused did not made the payment of Rs.3,40,000.00 to him. Hence, the deceased respondent Ramlal Gupta filed a complaint before CJM, Narsinghpur against petitioner/accused for commission of offence under Sec. 138 of the NI Act.

(3.) Learned counsel for the petitioner has submitted that as per the averments made in the complaint, petitioner/accused had given the cheque in question to the petitioner/accused for his work with Navbharat Buildcon Private Limited Construction Company under the capacity of Chairman of the company namely Navbharat Buildcon Private Limited Construction Company but the deceased respondent did not implead the company as a party in the complaint case. The respondent complainant has clearly averred that cheque was given for his work in the company. Hence, in view of the provisions of Sec. 141 of the NI act the proceedings under Sec. 138 of the NI act are not maintainable and deserves to be quashed and has prayed for the quashment of the complaint pending on the case file of the Chief Judicial Magistrate, Rewa.