RAVINDRA KUMAR MANI Vs. RAMRATAN KUSHWAHA

JUDGEMENT

(1.) This petition has been filed by the applicant under Section 482 of Cr.P.C. for quashing the complaint case No.SC NIA/0000081/2017 so far as it relates to the present petitioner, as also for quashing the order dated 23.3.2018 passed by the learned JMFC, Panna whereby a summon has been issued to the petitioner.

(2.) In brief the facts of the case are that the present petitioner happens to be the Chief Manager of the State Bank of India, Branch Ajaygarh, District Panna and the aforesaid complaint has been filed by respondent Ramratan Kushwaha in the Court of JMFC, Panna under Section 138 of the Negotiable Instruments Act, 1881 (for short "NI Act, 1881") against the firm M/s Maa Vaishnav Construction through its proprietor as the drawer of the cheque and also against the present petitioner who was posted in the said branch of the Bank where the cheque was presented for encashment.

(3.) Admittedly the cheque in question which is the subject matter of the dispute has been issued by the firm M/s Maa Vaishnav Construction to present respondent Ramratan Kushwaha for a sum of Rs.8,50,000/- on 10.4.2017. The aforesaid cheque was presented by the respondent in his Bank on o4.7.2017 in his account No.3585357022 at the State Bank of India, Branch Ajaygarh District Panna but the same was returned on the ground of the same being out dated. It is alleged by the complainant that the present petitioner, in conspiracy with the drawer of the cheque had allowed the cheque to be dishonoured on the ground that the instrument is outdated.