MAHENDRALAL SHIVHARE Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition is for quashing the criminal proceeding pending against the petitioner in Criminal Case No. 4492/07 in the Court of Special Judicial Magistrate, Morena for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act).

(2.) WHILE drawing attention at notice dated 17th November, 2003 issued by the respondent No. 2, it is submitted by Shri Mishra that this notice has not been given with regard to specific amount of the cheque concerned. It contains the demand of whole of the amount due as mention in para 2 of the notice, hence as observed by the Apex Court in the case of M/s. Rahul Builders v. M/s. Arihant Fertilizer and Chemical and another, 2008(1) MPHT 146 (SC). The criminal proceeding deserves to be quashed.

(3.) SHRI Dwivedi for the respondent No.2 has drawn attention at paras 4 and 5 of the complaint filed by the respondent No. 2 dated 10th December, 2003 and submitted that the complaint has been filed with regard to the amount of cheque in question.