SASHIKANT PRASAD Vs. MD. QUADIR

JUDGEMENT

(1.) HEARD Mr. SP Roy, learned counsel for the petitioners. None appears for the respondents.

(2.) BY way of this petition, under Article 226 of the Constitution of India, petitioners seek quashing of Complaint Case No.4147/2010, under section 138 of the Negotiable Instruments Act, 1881 (NI Act), pending in the Court of Chief Judicial Magistrate (CJM) Aligarh, Uttar Pradesh.

(3.) RESPONDENT as the complainant filed Complaint Case No.4147/2010, in the Court of CJM, Aligarh, under section 138 of the NI Act against the petitioner No. 1 as the Proprietor of M/s. Glass Corner. It has been alleged that the opposite party (petitioner No. 1) had issued 6 cheques of Central Bank of India for Rs. 25,000/ - each. Complainant had deposited the cheques in the Punjab National Bank, Railway Road Branch, Aligarh, but the cheques were dishonoured. The cheques were again presented to the said Bank which were returned back by the Bank on 16.07.2010 with the remark 'exceeds arrangement'. Notice was given to the opposite party through registered post on 13.08.2010. Since payment was not made, the complaint was filed on 01.09.2010.