Arjun Soni v. Ali Azgar

Vivek Rusia, J.:— Heard.

2. This is a petition filed under section 482 Cr.P.C seeking quashment of the proceedings of criminal case No. 256/19 pending before the JMFC, Shujalpur under section 138 of the Negotiable Instruments Act.

Facts of the case in short are as under:

3. Respondent has filed a complaint under section 138 of the Negotiable Instruments Act against the present petitioner before the learned JMFC, Shujalpur submitting that he gave an amount of Rs. 7,00,000/- to the present petitioner for preparation of gold ornaments for marriage purpose. Since he could not prepare the ornaments, therefore, he has returned the aforesaid amount vide cheque No. 000023 dated 10.05.2019. When the said cheque was presented for payment the bank vide memo dated 22.05.2019 returned the same because of the stop payment instruction given by the present petitioner. The aforesaid complaint case was filed on 23.07.2019.

4. According to the complainant his cheque book was lost on 26.08.2019, therefore, he made a request to the Branch Manager, Bank of India, Branch Sudarsi, Shujalpur for stop payment of cheque Nos. 000017, 000018, 000019 & 000020. The said application was received on 08.09.2019. Thereafter he made a complaint to the police and also also filed a complaint case under sections 420 & 423 of the IPC alleging that the respondent has misused the cheques in order to prosecute him under sections 138 of the Negotiable Instruments Act.

5. According to the petitioner Annexure A/1 is a letter written to the bank for stoppage of payment of the cheque Nos. 000017, 000018, 000019 & 000020 but in the complaint case the respondent has mentioned that the petitioner has issued a cheque No. 000023 dated 10.05.2019 and there was no request for stop payment of the said cheque. After receipt of the legal notice under section 138 of the Negotiable Instruments Act on 14.06.2019 he obtained a noting from the Bank of India in the letter dated 08.09.2018 that cheque No. 000016 to 000025 have been lost and the stop payment has been made. Prima face, this is nothing but fabrication of evidence in order to save himself from the proceeding under section 138 of the Negotiable Instruments Act. Initially, a request was made for stoppage of payment of only four cheques and when the complaint was filed in respect of cheque No. 000023 the aforesaid noting has been obtained from the bank. It is for the trial Court to consider as to who has misused the process of law.

6. No case for interference is made out. The petition is dismissed.