RAJESH SARVAIYA Vs. NIKI CHEMICAL INDUSTRIES

JUDGEMENT

(1.) By the instant petition under Sec. 482 Crimial P.C. accused petitioner seeks quashing of criminal complaint filed by M/s. Niki Chemical Industries under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the Act of 1881' hereinafter) being Criminal Original Case No. 1517/04 pending before Additional Chief Judicial Magistrate (Economic Offences), Jodhpur (for short the trial court hereinafter).

(2.) I have heard learned counsel for the petitioner. No one appears for the complainant-respondent though served.

(3.) It is submitted by learned counsel for the petitioner that the petitioner issued cheques No. 390170, 390171, 390172 and 390173 of Rs. 50,000.00 each totalling to Rs. 2.00,000.00 in favour of the complainant respondent. The cheques on being presented to the bank by the respondent were dishonoured and returned unpaid and thereafter a notice came to be given to the petitioner by the respondent as envisaged under Sec. 138 of the Act of 1881 requiring the petitioner to pay the cheque amount within 15 days from the date of receipt of notice. According to learned counsel for the petitioner, the complainant stated in the complaint in para No. 6 that the notice was sent by the complainant through counsel on 09.10.2002 which was received by the petitioner on 14.10.2002. Thus, the petitioner was to pay the cheque amount within 15 days commencing from 15.10.2002. According to learned counsel for the petitioner, the petitioner has paid the entire amount of Rs. 2 lacs by a banker's cheque dated 31.10.2002 vide Ex.P2 and receipt thereof has been issued by complainant on 31.10.2002 slating therein that a sum of Rs. 2 lacs has been received, by banker's cheque in full and final settlement of all dues from the petitioner till today i.e. 31.10.2002, the date of receipt. The complainant himself in para No. 6 of the complaint stated about the payment having been made and received by the complainant and the only case set up by the complainant is that the payment was not made within the stipulated period in notice.