MAN MOHAN SINGH SAHNI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State/respondent No.1 and Mr. Z. Alam, learned counsel for the respondent No.2.

(2.) The petitioner has filed an application under Sec. 482 Cr.P.C. r/w Article 227 of the Constitution of India seeking quashment of the complaint case No. 2564/2016 pending in the Court of learned JMFC, Kamrup(M), Guwahati against the order dtd. 25/4/2017, whereby the learned Magistrate took cognizance of the offence punishable under Sec. 138 of Negotiable Instrument Act (hereinafter for brevity as N.I. Act.) and issued summons to the present petitioner as accused in the said complaint case.

(3.) The allegation against the accused/petitioner is that he had borrowed Rs.49.00 lakh from the complainant on the pretext of his urgent necessity and the complainant due to long standing relationship handed over the said amount to the petitioner by executing a deed of agreement dtd. 29/02/2016. In discharge of the lawful debt, the accused/petitioner issued two cheques bearing Nos. 345183 and 194364 dtd. 7/7/2016 drawan on Vijaya Bank and HDFC Bank, Fancy Bazar Branch for an amount of Rs.45,50,000.00 and Rs.3,50,000.00 respectively in favour of the complainant/respondent No.2. The complainant deposited the said cheques in the account of his bank i.e. Nagarik Samabay Bank Ltd. Ulubari Branch, Guwahati on 7/7/2016 but unfortunately, both the cheques were returned on the ground of -account closed.-