The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding of Complaint Case No. 4731 of 2017 (Brijesh Kumar Agrawal v. Shri Chatla Nagbhushan), under Section 138 of the Negotiable Instruments Act, Police Station Hariparwat, District Agra, pending in the court of the Additional Court No. 3, Agra as well as the summoning order dated 02.01.2018 passed in the said case.
It is submitted that the blank cheques of the applicant have been misused by the opposite party no. 2 and, therefore, the provisions of Section 138 of the Negotiable Instruments Act are not attracted against the applicant.
On the other hand, learned A.G.A. submitted that the cheques issued by the applicant were dishonoured on 19.09.2017. The demand notice was sent to the applicant on 25.09.2017 and thereafter the complaint was filed after the service of notice upon the applicant within the prescribed period of limitation and as such, prima facie offence under Section 138 of the Negotiable Instruments Act is made out against the applicant.
Heard learned counsel for the parties and perused the record.
Having regard to the facts and circumstances of the case, I am of the opinion that the disputed defence of the applicant cannot be gone into in the proceedings under Section 482 Cr.P.C.. The applicant is at liberty to raise all such issues before the Court concerned.
With the aforesaid observations, the present application is dismissed.
Order Date :- 10.2.2021 SKT/-