ABDUL HAMEED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and learned Public Prosecutor.

(2.) The complainant-respondent No. 2 filed a complaint under Section 138, the Negotiable Instruments Act, 1881 (in short the "Act, 1881)" against the accused petitioner in the Court of learned Judicial Magistrate No. 1, Jaipur city, Jaipur on 21-4-1992 with the averments that the complainant and the accused constituted a partnership firm under the name of "Nishat Carpets" with effect from 11-5-1989. The firm was engaged in manufacturing of carpets. The complainant invested a sum of Rs. 50,000.00 in the month of May, 1989 and this amount was paid to the accused. The business of the firm was running properly, but in Oct. 1991 the complainant separated himself from this firm and thus the firm stood dissolved. At that time, accounts were settled and a sum of Rs. 64,904.00 was found due to be paid by the accused to the complainant. The dissolution deed was executed. Towards the aforesaid liability, a cheque of Rs. 40,000.00 was issued by the accused in favour of the complainant on 5-10-1991. This cheque was drawn from the Urban Co-operative Bank Ltd., Adarsh Nagar, Jaipur and was payable to the complainant. It was further averred in the complaint that the accused had requested him to encash the cheque after Feb. 1992. The complainant presented the cheque through State Bank of Bikaner and Jaipur, Gopi Nath Marg, Jaipur for clearance on 12-3-1992. The cheque was dishonoured with the remark "refer to drawer". The complainant served a written notice dated 24-3-1992 by the registered post. The accused received this notice on 26-3-1992, but no payment was made.

(3.) The learned Magistrate recorded the statement of the complainant under Section 200, Cr. P.C. and took cognizance under Section 138 of the Act, 1881.