N T JOSEPH Vs. R S SHARMA

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 482, Cr. P.C. for quashing the complaint dated December 23, 1992, Annexure P- 1, pending in the Court of Sub-Divisional Judicial Magistrate Phagwara, and the summoning order passed therein.

(2.) ADUMBEREATED facts of the case are that the complainant lodged the complaint Annexure P-1 in the Court of the Sub-Divisional Judicial Magistrate, Phagwara, alleging that the petitioner borrowed Rs. 50,000/- from him, for returning this amount, the petitioner-accused issued two cheques of Rs. 25,000/- each in favour of the complainant on August 15,1992 and August 25, 1992, respectively. The cheques were drawn on Union Bank of India, Cochin. the petitioner-accused assured the complainant that the cheques shall be honoured when presented. The respondent-complainant presented these cheques with his banker i.e., State Bank of Patiala, Phagwara Branch, for collection, but they were dishonoured with the remarks "insufficient funds in the account." The intimation dated November 6, 1992, was sent to the complainant-respondent. Thereupon the complainant-respondent gave notice on November 9, 1992, to the petitioner-accused, which was served on him on November 13, 1992. Even thereafter he failed to make the payment. Hence, the Complaint Annexure P-1 was lodged that he has committed an offence under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code.

(3.) IN the meantime, the petitioner filed a petition in the High Court of Kerala at Ernakulam (Criminal M.C. 2170 of 1993) praying for anticipatory bail, which was granted. The petitioner also filed a petition under Section 482, Cr. P.C. before High Court of Kerala for quashing the said complaint Annexure P-1. During the pendency of that petition, proceedings pending in the Trial Court were stayed. The respondent-complainant move Supreme Court against that order of the High Court of Kerala, whereupon his appeal was allowed and the order dated December 8, 1993, passed by the High Court of Kerala in Cri. M.C. No. 3197 of 1993 in Cri. Misc. No. 2177/1993 (Cr. Case No. 123 of 1992) was set aside. The proceedings under Section 482, Cr. P.C. pending before the High Court of Kerala were also directed to be treated as dismissed.