SUBHASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition has been filed by the petitioner seeking the following relief:-

(2.) Brief facts giving rise to the present petition are that the petitioner issued a cheque bearing No.020134 dtd. 30/3/2021 of an amount of Rs.3,90,000.00 in favour of the respondent No.2/ complainant in discharge of a purported legal liability. Upon presenting the said cheque, it was dishonoured by the ICICI Bank, Anoopgarh Branch with the remark 'Account Blocked'. Thereafter, the respondent No.2/complainant sent a notice under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act') to the petitioner through a registered post on 8/4/2021, upon which no action was taken by the petitioner.

(3.) Subsequently, the respondent No.2/complainant filed a complaint against the present petitioner under Sec. 138 of the NI Act before the Court of learned Chief Judicial Magistrate, Anoopgarh, on which the learned trial Court took cognizance and a case was registered under Sec. 138 NI Act against the petitioner. During the course of trial, the learned trial Court ordered to close the evidence of the complainant on 18/9/2024 after granting him several opportunities.