RAMAN MATTOO Vs. PARVEZ SHERA

JUDGEMENT

(1.) THE petitioner, Raman Mattoo, has filed this Petition seeking quashing of proceedings initiated by the Judicial Magistrate, First Class, 1st Additional Munsiff (Forest Cases), Jammu vide his order of September 30, 2005, finding, prima facie, the commission of an offence punishable under Section 420 RPC by the petitioner, on the respondents Complaint.

(2.) ACCORDING to the respondents complaint, the petitioner had offered him a full time Directorship of his Company floated under the name and style of Protection Plus Pharmaceuticals Private Limited, on a monthly salary of Rs.55,000/ -, inclusive of all allowances. The petitioner could not, however, liquidate the amount payable to the respondent which, accordingly, accumulated to Rs.33.00 lakh.

(3.) IN order to discharge the liability, the petitioner is stated to have issued a post -dated cheque for Rs.33.00 lakh on February 18, 2004, in favour of the respondent. The cheque, when presented, however, bounced resulting in respondents filing a Complaint under Section 138 of the Negotiable Instruments Act, with the Judicial Magistrate, First Class, 3rd Additional Munsiff, Jammu, when despite notice, the petitioner did not pay the amount covered by the cheque to the respondent.