ABDUL SAMAD Vs. SATYA NARAYAN MAHAWAR

JUDGEMENT

(1.) THIS is a petition under Section 482, Code of Criminal Procedure, for quashing the complaint dated July 20, 1989 (annexure P-1), under Section 138 of the Negotiable Instruments Act, 1881, and the summoning order passed thereon.

(2.) THE respondent filed a complaint with the allegations that the accused (petitioner herein) had, inter alia, issued a cheque dated June 9, 1989, for Rs. 22,000 in connection with an amount which had become due on account of purchase of some raw material by him. The cheque was returned unpaid by the bank with the remarks " payment stopped by the drawer ". The complainant sent the requisite notice, but the accused failed to make the payment. Hence, the complaint.

(3.) AFTER recording preliminary evidence the learned Magistrate summoned the accused for the aforesaid offence, vide order annexure P-2.