MANNULAL DULLI AGRAWAL Vs. DEENDAYAL KHEMCHAND JATAV

JUDGEMENT

(1.) This is an application under Section 482 of Cr.P.C. for quashment of the complaint registered against the applicant under Section 138 of the Negotiable Instruments Act, 1881 (for short the 'Act of 1881').

(2.) Learned counsel for the applicant by inviting my attention to the statement which he made in the police has submitted that on account of pressurizing the applicant the police officers procured the cheque of Rs.1,80,000/- although on that date only Rs.559/- were in balance in his bank account. Hence it has been submitted that by allowing this application under Section 482 of Cr.P.C. the proceedings registered under Section 138 of the Act of 1881 filed by respondent before JMFC, Gadarwara District Narsinghpur be quashed.

(3.) On the other hand, Shri Agrawal, learned counsel appearing for the respondent submitted that all these averments which the applicant has made are disputed questions of the facts and at the threshold the complaint cannot be dismissed merely on this ground, since it is a matter of enquiry and evidence is required.