Court No. - 52 Case :- APPLICATION U/S 482 No. - 12312 of 1993 Petitioner :- Shiv Prasad Respondent :- M/S Sara Detergent Petitioner Counsel :- W.H.Khan Respondent Counsel :- Aga Hon'ble Arvind Kumar Tripathi,J.
List revised.
Heard learned counsel for the applicant, learned A.G.A. and
perused the record.
The present application under Section 482 Cr.P.C. has been filed
for quashing of the proceeding of Criminal Case No. 1037 of 1990,
under Section 138 of Negotiable Instrument Act, P.S.
Collectorganj, District Kanpur Nagar, pending in the Court of
Metropolitan Magistrate, Govind Nagar, Kanpur Nagar.
Learned counsel for the applicant contended that in spite of service
of notice none appeared on behalf of O.P.No.2. and further
contended that applicant was Accountant in firm of O.P.No.1 and
as a security two blank cheques were obtained from the applicant.
Subsequently, misused by the O.P.No.1 and complaint was filed
under Section 138 N.I. Act. However, admittedly, the payment
was made regarding one of the cheque and for other cheque
complaint was filed. There was no service of notice upon the
applicant, hence complaint is not maintainable on the ground
firstly, there was nothing due against the applicant and secondly
there was no service of notice. Hence complaint was not
maintainable.
From perusal of the record, there was allegation that accused-
applicant issued two cheques for Rs. 14,429/- and Rs. 25716.80P
of Faizabad Chetriya Gramin Bank, Civil Lines, Faizabad towards
payment of goods supplied to him. The cheques were duly signed
by the applicants. when the cheque was deposited, it was
dishonoured on want of suficient fund in the account. The payment
was made regarding one of the cheque, a sum of Rs. 14,429/-
However, for the second cheque for the amount of Rs. 25,716.80P.
neither reply was given to the registered notice dated 24.3.1990
nor the amount was returned. It was also mentioned in the
complaint that the notice dated 24.3.1990 sent to the applicant
through registered A.D., which was duly recveived by him.
Thereafter complaint dated 21.4.1990 was filed.
In view of the aforesaid circumstances prima facie there is no
illegality in the complaint, hence no case is made out for
interference under Section 482 Cr.P.C. at this stage. The case of
the complainanat as well as applicant has to be considered by the
trial Court at appropriate stage on the basis of evidence produced
by the parties.
Accordingly, the present application under Section 482 Cr.P.C., at
this stage is hereby rejected. Interim order dated 16.8.1993 is
hereby discharged.
Order Date :- 21.7.2010
S.A.A.Rizvi