- (1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure with the prayer that proceedings of complaint case No.4893 of 2012 (M/s Rama Viniyam Coal Private Limited, Faizabad through Director Umesh Kumar Jivaani Vs. S.P.A. Eeit Udyog, Tarun, Faizabad through Proprietor Pankaj Kumar Verma) be quashed. The petition also prays for quashing of order of summoning dated 15.9.2012 (Annexure-5) and order passed by the revisional court dated 11.12.2012 (Annexure-1).
(2.) THE contention of learned counsel for the petitioner is that one leaf of cheque was lost by the clerk of the petitioner in regard to which payment was stopped vide an advise to the bank. The cheque was misused by respondent no.4/complainant. When the said negotiable instrument was presented, it was dishonored by the bank with an endorsement "payment stopped by the drawer". The endorsement has been placed on record by the respondents with his counter affidavit as Annexure-CA2. Cheque was again presented and was dishonored on 13.5.2012 with an endorsement "payment stopped by the drawer with F.I.R. application". In the contention of learned counsel for the petitioner, when payment is stopped intentionally by the drawer of the cheque viz. the petitioner, no offence under Section 138 of the Negotiable Instruments Act can be said to have been committed. In this regard, reliance has been placed on judgment rendered by the Hon'ble Supreme Court of India in (2009) 2 Supreme Court Cases (Cri) 936, Raj Kumar Khurana Vs. State (NCT of Delhi) and another.
(3.) ON the second count, it has been argued that the petitioner had no business transaction with respondent no.4. This would make it apparent that lost cheque for Rs.17,00,000/- (rupees seventeen lacs) has been mis-utilized.;