GOPAL CHAND Vs. STATE OF M P

JUDGEMENT

(1.) THE applicant-accused has directed this petition under section 482, Cr. P. C. for quashing of the order taking cognizance against the applicant for the offence punishable under Section 138 of the Negotiable instruments Act and issuance of process for the appearance of the applicant before the Trial Court.

(2.) BRIEFLY stated the facts of the case are that non-applicant No. 2 (complainant) the a private complaint in the Court of CJM, Mandsaur, against the applicant alleging that the applicant gave a cheque No. 026816 of the direct Co-operative Central Bank, Mandsaur on 15th February, 1995 worth rs. 40,000/ -. It is stated that the said cheque was presented to the Bank for encashment by the complainant on 2. 3. 1996 and the same was returned on 7. 3. 1996 by the Bank with the endorsement of insufficiency of funds. On receipt of the said cheque from the Bank along with the aforesaid endorsement, a registered notice dated 7th March, 1996 was sent to the applicant and the same was returned to the complainant on or near 16th March, 19% with the endorsement of the postman "not claimed". It is alleged that on 15. 3. 1996 the copy of the same notice was also sent to the applicant under certificate of Posting and the said letter is not received back by the complainant till the filing of the complaint. On the aforesaid facts, on 2. 4. 1996, a complaint under Section 138 of the Negotiable Instruments Act was filed against the applicant before the Trial Court.

(3.) THE learned trial Magistrate, on recording the statement under section 200, Cr. P. C. and considering the documents filed along with the complaint, on 26. 4. 1996 registered a case against the applicant for an offence punishable under Section 138 of Negotiable Instruments Act and ordered issuance of process for his appearance. Aggrieved the applicant has filed this petition under Section 482, Cr. P. C.