MUNSHI JATAV Vs. GOPAL CHANDRA JAIN

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. for quashing of Criminal Case No.5184/2009, registered by the learned JMFC, Gwalior against the petitioner under Section 138 of Negotiable Instruments Act, 1881.

(2.) On the basis of the complaint cognizance has been taken and petitioner was called. Petitioner has preferred an application before the JMFC, Gwalior for dismissing the complaint. Learned trial Court vide order dated 19.05.2010 has dismissed the application; hence this petition has been preferred.

(3.) It is submitted by the learned counsel for the petitioner that as per the complaint the cheques have been presented in his Bank, which have been dishonoured and the complainant/respondent has intimated on 01.06.2009. The notice was sent to the petitioner, which was served with a note that intimation has been given to the petitioner on 11.06.2009 and the same was returned to the respondent/complainant on 18.06.2009. The complaint has been filed on 23.06.2009 in the Court of JMFC, Gwalior, which is premature. It is further submitted that the private complaint is not maintainable, hence it is prayed that the complaint be quashed.