- (1.) - This is an application under Section 482, Cr. P. C. for quashing the proceedings under Section 138 Negotiable Instruments Act.
(2.) THE brief facts of the case leading to the application are that accused Deepak agarwal is the Managing Director of M/s Sharp Carbon India (R) Ltd. and complaint shanti Jain is partner of M/s Jain Paper Mart, Agra. The accused issued two cheques to the complainant firm for a sum of Rs. 45,000 and Rs. 10,000 respectively. The cheques were sent for encashment through Union bank of India but the cheque for Rs. 45,000 was returned by the bank with the remark 'refer to drawer' and the cheque of rs. 10,000 was retuned with the remark 'cheque is mutilated'. On receipt of the information that the cheque has been dishonoured a notice was issued by the complainant under postal certificate as well as by registered post and when the accused failed to make payment within a period of fifteen days, the present complaint was filed. The application under Section 482, Cr. P. C. has been filed for quashing the complaint.
(3.) I have heard the learned counsel for the applicant and the learned A. G. A. for the State and Shri Rajesh Tandon for respondent and have gone through the record.;