MANGILAL Vs. ASHOK KUMAR

JUDGEMENT

(1.) This petition has been filed u/s 482 Cr.P.C. for quashing the criminal complaint No.486/15 pending before the JMFC, Mhow.

(2.) Brief facts of the case are that respondent -complainant filed a private complaint u/s 420 and 409 of the IPC alleging that money was due towards the accused - applicant for which applicant had given cheque No.000957 dated 30.10.2014 of Rs.5 Lacs. Respondent - complainant submitted the cheque in ICICI Bank, Branch Rau for encashment but the same has been dishonoured with the note 'insufficient funds', thus the applicant - accused has committed cheating with the respondent - complainant. After recording the statement u/s 200 Cr.P.C. learned Magistrate took cognizance against the applicant u/s 420 IPC and directed issuance of summons to the applicant, being aggrieved with this the present petition has been filed.

(3.) Learned counsel for applicant submits that private complaint is not maintainable because as per the allegation, applicant had issued the cheque to the respondent and same was dishonoured, therefore respondent should have filed the complaint u/s 138 of the Negotiable Instruments Act. As per the complaint, money was to be received by the respondent from the applicant thereafter applicant issued cheque to the respondent, therefore applicant neither committed offence of cheating or deceiving nor dishonestly induced the respondent. He further submits that ingredients of section 420 of the IPC are absent, hence continuance of proceedings would be abuse of process of law. It is prayed that criminal complaint No.486/15 be quashed.