BANKAT AGRAWAL Vs. STATE OF M P

JUDGEMENT

(1.) Invoking extra-ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure petitioner has challenged the question of cognizance, of the offence punishable under Section 138, Negotiable Instruments Act (In short called as 'the Act') taken against him by JMFC, Indore.

(2.) Short facts of the case are that petitioner obtained a loan of Rs. 50,000/- from the respondent and for repayment of said amount of loan one cheque bearing No. 125650 of Shubhlaxmi Mahila Cooperative Bank Ltd. amounting to Rs. 50,000/- was executed in favour of the respondent. When the cheque was presented for collection to the bank of complainant, then it was bounced with an endorsement "opening funds insufficient", then complainant/respondent issued notice to the petitioner calling upon him to pay the cheque amount deducting an amount of Rs. 5,000/-, which was paid in the meantime by the petitioner to the respondent. Said notice was received by the petitioner but no payment was made within stipulated time, then a private complaint against the petitioner was filed. Learned Magistrate, who after recording the statement of complainant under Section 200, Cr.PC took cognizance of the offence and ordered issuance of bailable warrant against the petitioner. Petitioner then rushed to this Court and filed the present petition.

(3.) Learned Counsel for the petitioner Shri Nalwaya contended a short question for adjudication in this petition, he submitted that notice which was given by the respondent to the petitioner calling upon to pay the amount of cheque, was not for the amount of cheque but was for payment of Rs. 45,000/-whereas the amount of cheque was Rs. 50,000/- and, therefore, the complaint which was filed on the basis of such notice is not maintainable and is liable to be quashed.