ASHWIN GANGWAL Vs. AGARWAL AGENCY THRU VISHAL AGARWAL

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') seeking quashment of criminal complaint case no.333/2016 pending before the Court of Additional Chief Judicial Magistrate, Dewas for offence under Section 138 of Negotiable Instruments Act, 1881 (for short 'the Act').

(2.) The aforesaid complaint (copy Annexure P/1) has been filed by M/s Agrawal Agency through Proprietor Vishal Agarwal (respondent No.1) against petitioner Asuni Agarwal and 'Gangwal Kirana Store' through its proprietor (respondent No.2) on the basis of averments that cheque dated 21.05.2014 issued under the signatures of the petitioner in favour of respondent No.1 for Rs.91,76,950/- towards legally enforceable liability on being presented before the banker of the petitioner was dishonoured on account of insufficiency of funds and difference in signatures of the drawer. Allegedly, pursuant to dishonour a demand notice was issued, however, the amount under the cheque was not paid, hence, the petitioner as well as respondent No.2 are liable under Section 138 of 'the Act'.

(3.) Quashment of the complaint case is sought on the ground that the cheque in question was dishonoured not only because the funds were insufficient but also because the drawer's signature on the cheque diferred from the specimen signatures of the drawer. Placing reliance on pronouncement of the apex Court in Vinod Tanna and another vs. Zaheer Siddiqui and others, 2002 7 SCC 541, and the pronouncement of this Court in Raj Kumar Shukla vs. Subodh Agrahari, 2010 1 MPLJ 179 and Puma Ispat Trading Private Limited vs. Pramod Agrawal, 2007 2 MPWN 13, it is contended that Section 138 of 'The Act' which stipulates penal liability of dishonour of cheque and non-payment of money despite demand notice within statutory period is not applicable, where the cheque has been dishonoured because the drawer's signatures differed with the specimen signature.