MOHANLAL AGARWAL Vs. GCM CONSTRUCTION PVT LTD

JUDGEMENT

(1.) THIS petition under Section 482 of Cr.PC has been filed by the petitioner for quashing the order dated 6-11-2007 passed by Special Judicial Magistrate, Gwalior in Criminal Case No. 13141/2007 (complaint) whereby on the basis of complaint filed by the respondent herein, cognizance has been taken against the petitioner herein under Section 138 of Negotiable Instruments Act (for short "the Act") and directed to issue summons for his appearance before it.

(2.) THE relevant facts for adjudication of the matter are that the respondent herein/complainant filed a complaint before the Trial Court through its Director, Ashish Mittal and the power of attorney holder, Mukesh Kumar Mittal against the petitioner herein/accused for an offence punishable under Section 138 of the Act alleging that the petitioner herein/accused has taken loan of Rs. 3,00,000/- on 23-6-2003 from the complainant. The petitioner has issued four cheques dated 13-8-2007 bearing Nos. 364961, 364962, 364963 and 364964 of Rs. 50,000/- each in favour of the complainant towards discharge of his liability. When the aforesaid cheques were presented by the complainant in the Bank for payment, the same were dishonoured and as the amount was not paid by the petitioner in spite of notice of demand, therefore, the complainant filed a complaint under Section 138 of the Act on 8-10-2007. The learned Special Magistrate took cognizance of the offence by the impugned order which reads as under :- .........[vernacular ommited text]........... Being aggrieved thereof, this petition under Section 482 of Cr.PC preferred by the petitioner herein/accused.

(3.) IN response, Shri Rajmani Bansal, learned Counsel appearing on behalf of respondent herein/complainant submitted that in view of the Sections 142 and 145 of the Act, taking cognizance on the basis of the complaint supported by an affidavit, the learned Trial Court has not committed any illegality, therefore, prayed for dismissal of the petition. In support of his contention, he placed reliance on the following decisions :-