ANUJ KUMAR SHARMA S/O BALRAM AND ORS Vs. SURENDER TIWARI S/O RAMLAKHAN TIWARI AND ORS
LAWS(UTN)-2012-5-113
HIGH COURT OF UTTARAKHAND
Decided on May 15,2012

Anuj Kumar Sharma S/O Balram And Ors Appellant
VERSUS
Surender Tiwari S/O Ramlakhan Tiwari And Ors Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 5305 of 2009, Surender Tiwari. vs. Anuj Kumar Sharma, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, pending in the court of Additional Chief Judicial Magistrate, IIIrd Dehradun.
(3.) Brief facts of the case are that the cheque is said to have been issued by the petitioner on 20.09.2007, in favour of the complainant/respondent Surender Tiwari. The respondent, on presentation of the cheque with the bankers received communication on 26.09.2007, regarding dishonour of the cheque no. 190598. It appears that on 15.10.2007, a notice was sent by the complainant to the petitioner to which he did not respond. Thereafter, a criminal complaint was filed by the respondent against the petitioner on 19.11.2007, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.