BAL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed under Section 482 of the Code of criminal Procedure for quashing the complaint/the First Information Report pending against the petitioner with respect to offence punishable under Sections 420 and 506 indian Penal Code besides Section 138 of the Negotiable Instruments Act.

(2.) THE relevant facts are that M/s. Vir Rice and General Mills, Gharaunda, District karnal filed a criminal complaint against the petitioner asserting that the complainant was dealing with the petitioner since 1985 and rice consignments were being sent to the petitioner. An amount of Rs. 61,308. 58 was due from the petitioner. The petitioner issued two cheques dated 24. 9. 1987 in the name of complainant-firm - one for rs. 29. 300. 58 and the other cheque dated 30. 9. 1987 for a sum of Rs. 35,935/ -. The cheques were presented to different Banks but they were returned on the pretext that the petitioner had no amount in his account in the said Banks. The complainant demanded the said amount from the petitioner but the petitioner threatened the complainant with dire consequences in case the amount was pressed to be paid. Hence, the complaint.

(3.) THE petitioner seeks quashing of the complaint asserting that Section 138 of the Negotiable Instruments Act came into existence and enforced from 1. 4. 1989. The offence, if any, was committed before that date. Otherwise also, it is pointed that no notice, as required under Section 138 of the Negotiable Instruments Act has been given. With respect to the offence under Section 506 Indian Penal Code, petitioner's claim is that allegations are vague. Lastly, it has been urged that since there were business dealings and cheques were being issued in accordance with the those business dealings, therefore, undue indulgence under Section 420 of the Indian Penal Code will not be attracted. 3. The respondents contest the claim of the petitioner and refute the assertions.