PRAKASH CHAND Vs. DEVANS MODERN BREWERIES

JUDGEMENT

(1.) When matter came up for consideration on 14/12/2019, there was no representation from either side. The instant petition is pending since 2008 and the proceedings before the trial court have been stayed by this Court vide order dtd. 8/12/2008. So I proposed to dispose it off on merits on the basis of material available on the file.

(2.) Through the medium of instant petition filed under Sec. 561-A of the Code of Criminal Procedure, petitioner seeks quashing of proceedings as also the process issued by the trial Court in Criminal Complaint under Sec. 138 of Negotiable Instruments Act and 420 RPC filed by the respondent against the petitioner, pending before court of learned Special Railway Magistrate, Jammu.

(3.) In the petition, it has been stated that the petitioner is a resident of Varanasi Uttar Pradesh and is running the business of sale/purchase of liquor of different kinds and remained dealing with the respondent also. The petitioner was having a current account in Oriental Bank of Commerce Lahurani, Varanasi, U.P. and got a cheque book issued from the said bank from serial No.785915 to 786000. The said cheque book issued by the banker was lost by the petitioner and accordingly he lodged necessary complaint/FIR with Police Station, Chetganj Varanasi, UP on 26/11/2007. After lodging the complaint/report with the said police station, the petitioner in order to avoid any problem arising out of theft/loss of his cheque book, approached his banker and got the said account closed on 28/11/2007.