ABDUL MUTALIB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant criminal miscellaneous petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "the code" hereinafter), the petitioner has sought the relief for quashing the criminal complaint for the offence under Sec. 138 of the Negotiable instruments Act, 1881 (for short, "the Act") as also the criminal proceedings initiated by the Judicial Magistrate No. 2, Bikaner (for short, "the Trial Court" hereinafter) in Criminal Case No. 596a of 2002.

(2.) THE facts, relevant and necessary for decision of this criminal miscellaneous petition are that on 19. 9. 2002, respondent No. 2 Hazi Sher mohammed filed a criminal complaint against the petitioner stating therein that being a friend, a sum of Rs. 2,00,000/- was given by him to the petitioner on 20. 5. 2002 and on the same day, the petitioner gave him a Cheque bearing no. Q/502599 drawn on the Bank of Rajasthan. On 16. 8. 2002, when the said cheque was presented in the bank, it was dishonoured for want of sufficient funds and returned vide memo dated 24. 8. 2002. A legal notice under Sec. 138 of the Act was sent to the petitioner on 4. 9. 2002, which was returned on 11. 9. 2002 with the endorsement that the addressee was not found. On 19. 9. 2002, the respondent No. 2 presented criminal complaint, on which the Trial Court, vide order dated 20. 9. 2002, ordered for recording the statements of the respondent No. 2 under Sec. 200 of the code. The petitioner put-in appearance before the Trial Court on 1. 4. 2005 and the Trial Court read over the substance of accusation to the petitioner. Hence this criminal miscellaneous petition.

(3.) I have heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the impugned orders passed by the Trial Court.