ATUL SEN Vs. STATE OF H P

JUDGEMENT

(1.) The petitioner, who is undergoing trial in a complaint filed for dis-honour of cheque, and when the trial was fixed for arguments failed to put in appearance in the Court, forcing the learned Trial Court to order registration of FIR under Section 229- A of IPC, has come up before this Court under Section 482 CrPC, 1973, seeking quashing of the impugned orderson the grounds that since he had furnished surety bonds, as such the penal provision did not apply against him.

(2.) Facts necessary to decide the present petition are that the complainant Shri Girish Chauhan filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 seeking prosecution of the petitioner Shri Atul Sen for dishonor of two cheques. As per the complaint, the petitioner-accused had handed over two cheques, first dated 10.2.2012 drawn for Rs.2,84,000/- (Rs. Two lacs and eightyfour thousand only) in favor of Shri Girish Chauhan and second dated 15.2.2012 drawn for Rs.3,84,000/- (Rs. Three lacs and eighty-four thousand only) in favor of Shri Girish Chauhan.

(3.) Both these cheques were drawn from the petitioner's account in H.P. State Cooperative Bank Ltd, The Mall, Shimla. Vide memorandums dated 23.2.2012, the H.P. State Cooperative Bank Ltd, informed the drawee of the cheque Shri Girish Chauhan that they could not honor the cheques because of the insufficient balance in the bank account of Shri Atul Sen, the drawer. Failure to pay the money under the legal notice led to the filing of the criminal complaint.