SANTOSH KUMAR JAISWAL Vs. RISHI KUMAR AGARWAL

JUDGEMENT

(1.) This is a petition, under Section 482 of the Code of Criminal Procedure, (for short 'the Code') for quashing the prosecution for dishonour of cheque. The corresponding trial is pending as Cr. Case No.27825/06 in the Court of Shri K.P. Tiwari, Special Judicial Magistrate, Jabalpur. In that case, cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') has been taken upon the complaint made by the respondent.

(2.) The averments made in the complaint may be summarized as under :

(3.) Learned counsel for the petitioner has strenuously contended that continuance of his prosecution is an abuse of the process of the Court as the cheque was dishonoured on the ground of non- mentioning of the account number. He is of the view that a cheque returned unpaid by the Bank attracts penal liability under Section 138 of the Act in two contingencies only (i) insufficiency of fund and (ii) exceeding of arrangement. Thus, according to him, even if the allegations made in the complaint are taken at their face value and accepted in their entirety, no offence would be made out against the petitioner. However, while opposing the prayer for quashing the complaint, learned counsel for the respondent has submitted that inherent powers can not be invoked to stifle a legitimate prosecution for bouncing of the cheque particularly in view of the fact that the petitioner is trying to avoid liability on one pretext or the other.