ANOOP BHAKOO Vs. SUBHASH CHANDER GUPTA

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr. P. C. , for quashing the complaint No. 146/2 dated 13. 7. 1999, under Section 138 of the Negotiable Instruments Act read with Section 420 IPC pending in the court of JMIC, Ludhiana.

(2.) THE petitioners purchased some acrylic yarn from the complainant and issued them cheque amounting to Rs. 9,80,000/-, which the complainant presented to get it credited in its account. However, the same having been dishonoured for want of sufficient funds in the account of the petitioners, a complaint under Section 138 of the Negotiable Instruments Act was filed which is stated to be pending at the stage of complainant's evidence.

(3.) IT appears that during the pendency of the aforesaid first complaint, the petitioners entered into a compromise with the complainant and promised to pay the due amount and, therefore, issued another cheque bearing no. 148129 dated 3. 5. 1999 for an amount of Rs. 9,80,000/ -. This cheque appears to have been issued with dishonest intentions and obviously the second cheque also stood dishonoured for want of sufficient funds in the account of the petitioners. This incident also led to initiation of second complaint under Section 138 of the Negotiable Instruments Act read with section 420 IPC.