This Criminal Misc. Application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of complaint case no. 504 of 2009, Hari Shankar Varshney Vs. Dr. Manish Kumar Varshney, pending in the Court of Judicial Magistrate, Court No. 1, Aligarh, and the order dated 27.6.2009 passed by Judicial Magistrate, Court no. 1, Aligarh, under Section 138 N.I. Act, P.S. Qwarsi, DistrictAligarh.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submitted that in fact chequebook of the applicant was lost. The account had already been closed. However, it appears that the complainant has found the aforesaid cheque and after filling the cheque, he was claiming that the cheque was issued in his favour and lodged the complaint. There was no liability for payment of any dues. The cheque was returned with the remark, that the account was closed. It was not returned on insufficiency of the amount. Hence no offence is made out under Section 138 N.I. Act, in view of the judgment of the Supreme Court in case of Raj Kumar Khurana Vs. State JT 2009 Volume 7 SC page 751.
Issue notice to opposite party no. 2 returnable at an early date.
Till the next date of listing, further proceeding in complaint case no. 504 of 2009, Hari Shankar Varshney Vs. Dr. Manish Kumar Varshney, under Section 138 N.I. Act, P.S. Qwarsi, DistrictAligarh, shall remain stayed. List after six months, before a regular court. Order Date :- 19.1.2010 ANT