SANJAY KUMAR AGRAWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS application is directed against the order dated 13. 5. 2002 whereby and whereunder the Court below took cognizance of the offence under Section 138 of the Negotiable Instruments Act and also for quashing the Orders by which warrant of arrests and process under Sections 82 and 83 of the cr. P. C. has been issued.

(3.) IT is alleged in the complaint petition that the petitioner owe a sum of Rs. 4,50,000 to the complainant. It is also alleged that petitioner has returned the said amount by issuance of a cheque of S. B. I. , Deoghar on 6. 11. 2001. The further case of the complainant is that the said cheque was produced at dena Bank, Ranchi on 8. 11. 2001 for encashment, but the same was returned to the complainant without encashing it with a note 'exceeds arrangement'. It is further alleged that thereafter the complainant had given a notice to the petitioner vide Annexure (5) and requested him to pay the money within fifteen days. It is further stated that the said notice was sent to the petitioner by registered cover and in support of that receipt of postal department was filed which has been marked as Annexure 6. It is further stated that when the petitioner did not pay the amount within fifteen days of the said notice, the present complaint petition has been filed within one month from that date. It appears that, the Court below had enquired into the matter under Section 202 of the Cr. P. C. and come to the conclusion that prima facie offence under Section 138 of Negotiable Instruments Act is made out accordingly process was ordered to be issued. It further appears that when the petitioner did not appear in the Court below, bailable warrant was issued and thereafter non-bailable warrant was also issued and ultimately processes under Sections 82 and 83. Cr. P. C. was issued against the petitioner.