PANKAJ SIJAIRYA Vs. CATALYSER

JUDGEMENT

(1.) Heard.

(2.) This is a petition under section 482 of the Cr.P.C seeking quashment of the complaint filed by the respondent against the applicant for the offence punishable under section 138 of the Negotiable Instruments Act and the consequent criminal case No.11515/17 registered by ACJM, Indore.

(3.) As per the facts of the case, the applicant was employed as a Teacher in the faculty of the respondent/Institute and he entered into a service agreement with the respondent. As per the service agreement, he was asked to sign on the blank stamp paper and also to give four undated cheques of Rs.6,60,000/- for security purposes. He was promised that the said cheques would not be used and they would only serve as a security purpose. He remained in the institute from 04.04.2013 to 20.01.2017, however, he resigned from the service on 20.01.2017. Thereafter, he received legal notice regarding dishonor of cheques given by him to the institute and later on filed a complaint under section 138 of the Negotiable Instruments Act against the applicant. Earlier, the applicant had filed M.Cr.C.No.22078/17 for quashment of the complaint, however, that was dismissed as withdrawn with liberty to raise all the grounds grounds before the trial Court at the time of framing of charge. The matter was agitated before the trial Court after framing of charge but the trial Court vide its order dated 04.04.2018 dismissed the same.