NAKODA LAMINATORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the non-petitioner No. 2 and perused the original record of the Criminal Case No. 6897/94 M/s. India Photographics Co. Ltd. v. M/s Nakoda Laminator pending in the Court of Additional Civil Judge (Jr. Division) and Judicial Magistrate No. 4, Jodhpur.

(2.) By this petition filed under Section 482, Cr.P.C. the petitioners have prayed that the proceedings of the Criminal Case No. 6897/94 pending in the Court of Additional Civil Judge (Jr. Division) and Judicial Magistrate, Jodhpur in respect of offence under Section 138 of the Negotiable Instruments Act, 1881 be quashed.

(3.) It appears from the record of the lower court that on 25th April, 1994 the non petitioner No. 2 filed a complaint (Ex. P/37) in which he alleged that an offence under Section 138 of the Negotiable Instruments Act had been committed in respect of Cheque No. 203300 dated 17th Feb. 1994 for a sum of Rs. 49,875/-.