MAKARAND PATANKAR Vs. SUJIT SAHA

JUDGEMENT

(1.) THIS criminal petition has been filed by the accused/ petitioners for quashing the proceedings of case No. NI 192 of 2009, registered under section 138 of the Negotiable Instruments Act 1891, pending in the Court of Learned Judicial Magistrate Ist Class, at West Tripura , Agartala .

(2.) HEARD Mr. B. N. Majumder, learned counsel for the petitioner and Mr. P. Rathor, learned counsel representing the respondents.

(3.) ON 18.04.2009, a cheque bearing No.461078, for a sum of Rs.19,279/-, was issued in favour of the complainantrespondent No.1. However, in the meanwhile, since the company received complaint from his client against the complainantrespondent No.1, relating to withholding of cheques of various customers unnecessarily, the company issued 'stop payment instruction' to it's Banker in respect of the cheque dated 18.04.2009, issued in the name of the complainant-respondent No.1, till resolution of the complaint received against the complainant-respondent No.1. It is stated on behalf of the petitioner that the 'stop payment instruction' was given by the company as the complainant-respondent No.1 failed to perform his contractual obligations, in terms of the contract.