SANTIRAM DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.A. Islam, learned counsel for the petitioner as well as Mr. Bankim Sarma, learned APP for the State respondent no.1.

(2.) By filing this application under Sec. 482 Cr.P.C., the petitioner has prayed for quashing of the proceedings of CR case no.6768c/2018 under Sec. 138 of the Negotiable Instruments Act which is pending before the Court of learned Judicial Magistrate, First Class, Kamrup Metro, Guwahati.

(3.) The learned counsel for the petitioner has submitted that on 11/12/2018, the respondent no.2 has filed complaint case which was registered as CR case no.6768c/2018, alleging dishonor of cheque no.698920 dtd. 20/8/2018 of Rs.10.00 lakh. It is submitted that during the pendency of the said case, the respondent no.2 had also filed a civil suit on 25/2/2021, claiming the cheque amount of Rs.10.00 lakh as well as interest of Rs.4,04,928.00 @ 12% from 27/2/2018 till the date of filing of the said suit.