K.D.SHARMA Vs. KISHORI LAI DOGRA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been preferred by the petitioner/accused I (hereinafter referred to as the accused) for quashing the complaint (filed against him under Sections 138/141 of the Negotiable Instruments Act, 1981 by the respondent/complainant (hereafter referred to as the complainant) and the summoning orders therein.

(2.) Brief facts leading to the filing of the present petition are that the complainant has filed a complaint against the accused under Section 138 of the Negotiable Instruments Act on the grounds that he had deposited amount in the company of the accused and on maturity of the fixed deposited receipt accused issued five cheques dated 25.12.2000 in favour of the complainant which were drawn on Punjab National Bank, Bilaspur. The cheques could not be encashed and were dishonoured by the bank because of insufficient funds in the account of the accused. According to the complainant, he was cheated and harassed by the accused. He served the accused with a legal notice through his counsel on 26.4.2001 which was neither replied to nor acted upon by the accused. Hence, the complaint.

(3.) After recording preliminary evidence the learned trial Magistrate found that there were grounds to summon the accused, therefore, summons were issued to the accused. It took sufficiently long time to secure the presence of the accused as he was not available at the given address and finally his presence was procured from the jail where he was detained after more than 2 -1/2 years of filing of the complaint and thereafter notice of accusation was given to the accused on 2.3.2004. It is against this background that the accused had preferred the present petition.