GAURAV AGRAWAL @ MANTU AGRAWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceeding initiated by way of Complaint Case No.476 of 2018 along with the order dtd. 7/8/2018 by which cognizance has been taken by the learned Judicial Magistrate-1st Class, Garhwa against the petitioner for having committed the offence punishable under Sec. 138 of the Negotiable Instruments Act.

(3.) The brief fact of the case is that the petitioner is alleged to have issued a cheque for Rs.2,70,000.00 to the complainant. The said cheque was deposited by the complainant in his bank and the same was dishonoured on 30/1/2018. The complainant issued a notice demanding the payment of the amount mentioned in the cheque to the petitioner. There is neither any material or any averment that the notice was ever served upon the petitioner. The complaint was filed on 14/3/2018.