SHARAD SHUKLA Vs. SUSHIL KUMAR SHARMA

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.RT 81 dated 17.8.2009 (Annexure P-2) as well as order dated 13.11.2009 (Annexure P-1), whereby petitioner has been summoned to face the trial qua commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (the Act for short) and all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that the respondent was a money lender and was not having any licence to run the said business. Hence, the complaint in question was liable to be quashed. In support of his argument, learned counsel has placed reliance on Anil Baburao Kataria vs. Purshottam Prabhakar Kawane, 2010 2 RCR(Cri) 771, wherein, it was held as under:-

(3.) Learned counsel for the respondent, on the other hand, has submitted that the respondent was not doing the business of money lending and had only advanced a friendly loan to the petitioner along with interest. In support of his argument, learned counsel has placed reliance on Dhanjit Singh Nanda vs. State and another, 2009 5 RCR(Cri) 462, wherein, it was held as under:-