RAMESH SODHI Vs. VIMAL KAPOOR

JUDGEMENT

(1.) THROUGH the present petition under Section 482 Cr.P.C., the petitioner is seeking quashing of complaint dated 21.11.2007 (Annexure P/6) filed by respondent under Section 138 of the Negotiable Instruments Act (for brevity, the Act) and consequent proceedings, wherein the petitioner has been summoned for having issued the cheque bearing No. 253214 dated 1.8.2007 for an amount of Rs. 60,000/-, the payment of which was not made to the drawee on account of the payment being stopped by the drawer. According to the complainant despite having issued the legal notice, the payment was not made by the petitioner, leading to the institution of the impugned complaint.

(2.) IN response to the notice of motion, the respondent made representation through his counsel and filed the reply opposing the quashing of the complaint.

(3.) IT emerges out from the record that in response to the demand notice dated 11.10.2007 got issued by the complainant, the petitioner2 accused replied the same and sent the demand draft dated 24.10.2007 for Rs. 60,000/- to the complainant, the amount of which admittedly was credited in his account on 29.10.2007. Any how on 28.11.2007 the impugned complaint was filed by the respondent-complainant.