SANDEEP MEHRA Vs. CHANDER PARKASH MADAN

JUDGEMENT

(1.) THE petitioner has invoked Section 482 of the Code of Criminal Procedure (in short "Cr.P.C.") seeking quashing of complaint No. 278/2 dated 12.7.2010 titled "Chander Parkash Madan vs. Sandeep Mehra @ Babl" pending in the court of Judicial Magistrate, Ludhiana (Annexure P -2), order dated 12.7.2010 passed by the Judicial Magistrate, Ludhiana (Annexure P -4) and proceedings emanating therefrom.

(2.) THE respondent filed the aforesaid complaint on averments that in May 2010, the accused approached the complainant and asked him to arrange friendly loan of Rs. 7,00,000/ - with an assurance to return the amount within one month but the complainant could arrange a sum of Rs. 6,00,000/ - and lend it to the accused as a friendly loan. The accused issued a post dated cheque bearing No. 048183 dated 1.6.2010 for a sum of Rs. 6,00,000/ - drawn on Oriental Bank of Commerce, Chaura Bazar, Ludhiana in favour of the complainant. The cheque on its presentation to the bank got dishonoured vide memo dated 3.6.2010 with remarks "no such account". The accused failed to make payment of the cheque amount despite receipt of legal notice.

(3.) ANOTHER submission made by counsel is that the cheque in question was not issued by the petitioner in discharge of any liability as he never availed any loan from the respondent. The petitioner lost his bag containing his account books and cheque book and in this regard, he lodged Rapat No. 12 dated 29.7.2003 with Police Station, Kotwali, District Ludhiana vide Annexure P -5. It is further submitted that in order to avoid misuse of the cheque book, the petitioner closed his account in the year 2003. It is argued with vehemence that as the petitioner was not maintaining an account in the bank from which the cheque in dispute is allegedly drawn by him in June 2010, the essential ingredients of offence under Section 138 of the Act become missing and resultantly, the criminal proceedings cannot be allowed to continue.