SACHIN DUBEY Vs. UMASHANKAR

JUDGEMENT

(1.) The applicant has invoked extra ordinary jurisdiction of this Court under Section 482 of Cr.P.C. for quahshing the proceedings in criminal case No.27638/2018 pending before the Judicial Magistrate First Class, Indore for the offence punishable under Section 138 of N.I. Act.

(2.) The facts of the case which are relevant to decide the present application is that the respondent filed a private complaint against the applicant for the commission of offence punishable under Section 138 of N.I.Act before the Judicial Magistrate First Class, Indore agitating that the applicant and respondent had good relation with each other being colleagues in their office and the applicant was in requirement of money for his business needs and approached for respondent for getting loan and respondent gave him total Rs. 2,40,000/- on 10.02.2015, 06.09.2016 and 07.11.2017. When the respondent asked for repayment of the said amount from the applicant, discharging his part liability, the applicant gave Rs. 25,000/- cash and for remaining amount of Rs.2,15,000/-, he issued three cheques, first bearing No.115823 dated 01.04.2018 for Rs. 35,000/-, second cheque bearing No.077455 dated 05.04.2018 for Rs. 1,00,000/- and third cheque bearing No.088756 dated 03.05.2018 for Rs. 35,000/- drawn on Indian Bank Branch Usha Nagar, Indore. When the respondent/complainant deposited the said cheques in his account operated in Axix bank at Indore, they were returned unpaid vide returned memos dated 05.05.2018, 03.05.2018, 04.05.2018 and 05.05.2018 with remark on each cheques as " Kindly contact drawer/drawee bank and pleasen." After that the respondent/complainant sent a legal notice dated 18.05.2018 to the applicant through registered post and the said registered dak was returned to the respondent with report " Praptkarta Aseemit Samay Ke liye Bahar Gaye Hain, Atah Wapas." Then the respondent/complainant filed complaint under Section 138 of N.I. Act before the Judicial Magistrate First, Indore.

(3.) Vide order dated 09.08.2018, learned Magistrate has taken cognizance against the present applicant upon finding prima facie case for the offence punishable under Section 138 of N.I. Act and had issued summons against the applicant for his appearance. The order dated 09.08.2018 is subject matter of challenge before this Court in the instant application.