GOPAL KRISHAN Vs. RAMESHWAR DASS

JUDGEMENT

(1.) GOPAL Krishan and his wife Smt. Pushpa Rani the two parters in firm M/s Gopal Cotton Industries have filed this petition under Section 482 of the Code of Criminal Procedure for quashing complaint titled Rameshwar Dass v. Gopal Krishan and another under Section 438 of the Negotiable Instruments Act which is pending in Court of Sub Divisional Judicial Magistrate, Hansi as also aftermath thereof i. e. summoning order dated 30th of August, 1993.

(2.) THE sole contention of the learned Counsel appearing for the petitioners is that from the reading of the complaint and the averments made therein, section 138 of negotiable Instruments Act shall not be attracted. With a view to appreciate the controversy involved in this case the relevant facts on which the aforesaid argument is based need mention.

(3.) PETITIONER No. 1 is stated to have issued a cheque on 13th April, 1994 for an amount of Rs. 1,81,192. 73. It is specifically mentioned in paragraph 3 of the complaint itself that on 13th of April, 1993 itself the complainant received information from accused No. 1 not to present this cheque with the bank as their firm was not having sufficient funds in their account. The accused, however, requested that cheque be presented after one month and by that time he would arrange the funds. In paragraph 4 of the complaint it is mentioned that in the month of May 1993 accused No. 1 again approached the complainant to wait for further one month and not to present the cheque with the bank as he could not arrange the money by that time. The cheque was presented on 9th of June 1993, which was dishonoured by the bank with the report, "refer to drawer".