DEVESH Vs. BHARAT TYRERS

JUDGEMENT

(1.) The case is listed today for final hearing at motion stage. Arguments heard.

(2.) The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the proceeding of complaint case No. 2197 of 2011 pending in the Court of Judicial Magistrate First Class, District Rewa (MP) for offence punishable under Section 138 of Negotiable Instruments Act.

(3.) The brief facts of the case are that a complaint for dishonor of cheque under Section 142 of the Negotiable Instruments Act and another offence punishable under Section 138 of the Negotiable Instruments Act, has been filed against the petitioner. The complainant is the owner of the Firm having an agency of vehicles of Ecofast Motors Private Limited. It is alleged in the complaint that to compensate the loss, petitioner, was the then Director of the Company, came alongwith other Directors and assess the amount of compensation and two post dated cheques have been issued for dates 15.11.2010 and 20.3.2011. The cheques were dishonored as the payment was stopped by the Company therefore, complainant/respondent has filed a complaint under Section 138 of the Negotiable Instruments Act.