SUNITA KHANDELWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 1. This Misc. petition under Sec. 482. Code Criminal Procedure has been filed against the proceedings pending in Case No. 440/2001 for the offence under Sec. 138 of the Negotiable Instruments Act (for short "the Act").

(2.) The contention of the present petitioner is that the complainant-respondent No. 2 filed a complaint before the concerned Court under Sec. 138 of the Act stating therein that the complainant had sent a notice to the present petitioner, which was received back with the remark "N.D." and hence notice has never been served upon the petitioner and the entire proceedings should be quashed. Learned trial Court has not considered the fact that notice has never been received by the present petitioner. He has further submitted that during the course of proceedings, the petitioner has submitted a pay-order of disputed cheque amount and prayed to the trial Court that entire proceedings should be dropped but the application was dismissed by the trial Court and the revision petition has also been dismissed. It has thus been submitted that when the payment has already been made and no notice has been served on him, therefore, the proceedings are abuse of process and should be quashed.

(3.) Learned counsel for the respondent has submitted that the order taking cognizance dated 10.8.2001 and the order of the revisional Court dated 14.8.2002 are not assailed in the present petition and the submissions present petitioner are misconceived. At the same time, he has submitted that deposit of amount does not by itself absolve the accused from the liability of offence and he has relied upon the decision rendered in the case of Rajneesh Aggarwal Vs. Amit J.Bhalla. AIR 2001 SC 518, wherein it has been held as under: