LAWS(P&H)-2015-9-892

SOM NATH Vs. MUKESH KUMAR

Decided On September 11, 2015
SOM NATH Appellant
V/S
MUKESH KUMAR Respondents

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No. COMA/5003 dated 24.7.2014 titled "Mukesh Kumar v. Som Nath" under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) and all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that a perusal of the complaint itself reveals that the cheque in question had been issued qua a time barred debt. Therefore, the complaint in question was liable to be quashed. In support of his arguments, learned counsel has placed reliance on Manjit Kaur v. Vanita, 2010 3 RCR(Cri) 574, wherein it was held as under :-

(3.) Learned counsel for the petitioner has further placed reliance on M/s Vijay Polymers Pvt. Ltd. and another v. M/s Vinnay Aggarwal, 2010 5 RCR(Cri) 728 wherein it was held as under :-