ASHOK GHULATI Vs. RAGHVIR KHAJURIA

JUDGEMENT

(1.) THE petitioner is seeking to invoke the inherent powers of this court under sec. 561 -A Cr .P.C to quash the complaint filed under section 1 38 to the Negotiable Instruments Act. 1 888 read with section 420 R.P.C., by the respondent -complainant for prosecution of the petitioner before the court of learned Chief Judicial Magistrate. Jammu.

(2.) THE respondent has filed the complaint alleging therein that during the course of business transaction, petitioner - accused issued two Cheques viz. No. 1437666 dated 28.08. 1995 for an amount of rupees one lac only and No. 1437667 dated 04.09.1995 for an amount of rupees one lac and fifty thousand only, in favour to the respondent in discharge of his liability arisen during business transaction. On presentation of the cheque to the J&K Bank Ltd. Branch Shalimar Road, Jammu through Punjab National Bank, Jammu, both the cheques were dis - honoured by the bank vide memo dt.09.09.1985 because of insufficiency of funds in the account of the petitioner. Despite service of notice in writing as contemplated under clause (c) of S.138 of the Negotiable Instruments Act (hereinafter called the Act), the petitioner has not made the payment.

(3.) I have heard the learned counsel and perused the record.