RANJEET CHAUHAN Vs. RAVINDER SINGH THAKUR
HIGH COURT OF HIMACHAL PRADESH
Ravinder Singh Thakur
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Chander Bhusan Barowalia,J. -
(1.)The present petition, under Section 482 of the Code of Criminal Procedure, has been maintained by the petitioner for quashing and setting aside the proceedings pending before the learned Chief Judicial Magistrate, Kinnaur Camp at Rampur, District Shimla, in Case No.158 of 2015, under Section 138 of the Negotiable Instruments Act, titled Ravinder Singh Thakur vs. Ranjeet Chauhan.
(2.)The key facts, giving rise to the present petition are that the complainant-respondent (hereinafter referred to as 'complainant') is an agriculturist and having his own orchard and the respondent-petitioner (hereinafter referred as 'respondent') is running a business of sale and purchase of fruit and vegetables.
The respondent had time and again called the complainant in the year 2013-14, to send apple boxes in the market for sale. The complainant has exceeded the request and sent 400 apple boxes to the respondent in Narkanda, in the month of September, 2014 after assurance given by the respondent that the same may be sold out in a higher price and payment will be made promptly. The respondent has sold out the same, in a total amount of Rs. 5,00,000/-, after deducting all the expenses and issued sale receipt to this effect. The complainant time and again requested the respondent that the amount lying with him may be given. In order to pay the legal liability, the respondent has issued cheque of Rs. 5,00,000/- bearing No.146595, dated 22.9.2014, in favour of the complainant. The respondent at the time of issuance of aforesaid cheque assured the complainant that the same would be honored by his banker as and when presented by the complainant. The complainant presented the said cheque through his bank State Bank of India Branch at Rohru, within its validity in his own account and the same was returned with an endorsement 'Insufficient fund' vide memo, dated 22.12.2014, issued by the Bank, which was received by the complainant later on. Thereafter, the complainant has issued a legal notice dated 24.12.2014 to the respondent through his counsel, which was sent by registered post with acknowledgment on the address of the respondent dated 24.12.2014. The notice was sent on correct address of the respondent through registered post on 24.12.2014. The registered letter and acknowledgment was issued on the address of the respondent, the same was returned unclaimed with the note 'Not met left no address and returned to sender' on 30.12.2014. The respondent has failed to pay the aforesaid amount of cheque after receiving the notice as well as oral information given through mobile by the complainant after the cheque was dishonoured within a statutory period and thus, committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Hence, the present petition.
(3.)By way of the present petition, petitioner has come before this Court for quashing the complaint on the ground that the complaint was time barred, no notice was duly served upon the respondent and the complaint is premature and the learned Court at Rampur Bushehar, has no jurisdiction to try the case.
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