NEERAJ PANDEY Vs. STATE OF ORISSA & ANR

JUDGEMENT

(1.) The petitioner Neeraj Pandey has filed this application under section 482 Crimial P.C. to quash the order dated 25.04.2012 passed by the learned S.D.J.M., Kendrapara in I.C.C. Case No. 57 of 2012 in taking cognizance of the offence under section 138 of the Negotiable Instruments Act, 1881.

(2.) It is the prosecution case that the petitioner is the proprietor of M/s. Neeraj Pandey & Co. which is a registered firm, which carries/deals with supply of construction materials to the Government and private organisations all over the State and across the State so also with the procurement of ores from the mines area on contract basis from the date of inception of the firm.

(3.) It is further case of the prosecution that the petitioner approached the opp. party no.2 to lease out his Wagon Drilling Machine on monthly rent basis to utilize the same in Dankari Stone Quarry at Chadeidhara to raise stone for supply of materials to different organisations to which the opp.party no. 2 agreed and the petitioner started paying monthly rent to the opp. party no.2 since July, 2011. It is further case of the prosecution that the opp. party no.2 was entitled to get an arrear dues to the tune of Rs.1,47,666.00 from the petitioner towards dues of the Wagon Drilling Machine and for the purpose of disbursement of the aforesaid amount, the petitioner issued a cheque bearing No. 054666 dated 22.7.2011 of Axis Bank Ltd., Korba(CT), Korba of his S.B. A/c. No. 307010200002219 and the said cheque could not be honoured by the opp. party no.2 due to insufficient fund in the account of the petitioner.