RAGHAVENDRA SINGH Vs. THAKUR SUKHENDRA SINGH

JUDGEMENT

(1.) This Miscellaneous Criminal Case has been instituted on an application under Section 482 of the Code of Criminal Procedure, 1973 for quashing the proceedings of Criminal Case No. 2427/2013 pending before the Court of Chief Judicial Magistrate, Narsinghpur for an offence punishable under Section 138 of the Negotiable Instrument Act.

(2.) Respondent/Complainant filed a case under Section 138, Negotiable Instrument Act before the Court of Chief Judicial Magistrate, Narsinghpur. According to the respondent/ complainant the petitioner/accused and his relative had borrowed Rs.10 lacs from him. Petitioner/accused promised the complainant that he would return the money after sometime; however, petitioner/accused did not return the amount instead issued a Cheque bearing No. 1019733 amounting to Rs.10 Lacs. The respondent/complainant deposited the said cheque with Central Madhya Pradesh Grameen Bank, Branch Karapgaon, but the said cheque had been dishonored. Then he has given notice to the petitioner on 2.5.2013 with registered A.D. However, the petitioner refused to take the notice. As the petitioner/accused did not return the money, therefore, the respondent/complainant filed Complaint under Section 138 of Negotiable Instrument Act, 1881.

(3.) Having gone through the evidence, the Trial Court found it appropriate to register the offence under Section 138, Negotiable Instruct Act and, therefore, registered a Criminal Complaint against the petitioner accused. Petitioner/accused being aggrieved of that order has filed this petition.