DHEERAJ KUMAR VERMA Vs. SACHIN

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C. has been filed for quashment of complaint case number S.C.N.I.A./3912/2019 (Sachin Vs. Dheeraj) registered under Sec. 138 of Negotiable Instruments Act, 1881 (in short hereinafter referred to as "the Act of 1881") against the petitioner filed on behalf of respondent Sachin Jain.

(2.) Respondent filed a complaint under Sec. 138 of the Act of 1881 against the petitioner arraigning him as accused with an averment that he borrowed Rs.5,60,000.00 from him on various dates between a period from 31/10/2014 to 3/4/2015. He made entries of the aforesaid amount in a diary. When complainant was in need of money, he asked the accused to return the money. The petitioner assured respondent to return the amount soon and in that regard he issued a cheque of an amount of Rs.5,60,000.00 dtd. 2/3/2019 of Corporation Bank, Branch Gopal Ganj, Sagar bearing cheque No.227345. The cheque issued by the petitioner was presented by the respondent in his State Bank account Gujarati Bajar Branch, Sagar on 20/3/2019, but the same was dishonored on account of funds insufficient. Eventually, a notice under Sec. 138 of the Act of 1881 was sent through his Advocate to the accused on 27/3/2019 which was received by the accused petitioner on 30/3/2019 but he failed to deposit the requisite payment. He by reply dtd. 15/4/2019 refuse to pay the cheque amount. Hence, the complaint has been filed.

(3.) Learned Judicial Magistrate First Class, Sagar registered a case and issued summons to the accused petitioner. Hence, this petition under Sec. 482 of Cr.P.C. has been filed for quashment of the said complaint case.