- (1.) Instant application has been moved under Section 482, Cr.P.C. to quash the prosecution of applicant Kushal Pal Singh in Criminal Case No. 837 of 2001, Harpal Singh v. Kushal Pal Singh pending in the Court of Chief Judicial Magistrate, Firozabad, under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act).
(2.) Heard Sri J. P. Pandey, learned counsel for the applicant, learned AGA for State of U. P. and Sri N. K. Dutta, learned counsel for O.P. No. 2, Harpal Singh.
(3.) The facts as revealed from the record is that Harpal Singh, resident of Tundla, district Firozabad, filed complaint case No. 837 of 2001 against the applicant Kushal Pal Singh, Managing Director, Inland Development Finance Limited, Rajghat Road, Aligarh, under Section 138 of the Act containing the fact that Kushal Pal Singh had got deposited Rs. 50,000/- from the complainant Harpal Singh in the account of the Firm Inland Development Finance Ltd., Aligarh, and had promised to make payment of interest at the rate of 1.2% per month. On repeated demand ultimately Kushal Pal Singh, applicant, issued a cheque of Rs. 1,72,500/- Jn favour of. the complainant Harpal Singh, who is O.P. No,2 in this case. The number of the cheque was 918256 dated 31-5-2000. Harpal Singh deposited the cheque in Central Bank of India, Tundla Branch, Firozabad. The cheque was returned by the Bank with the endorsement that the payment was stopped. The cheque was received back to complainant Harpal Singh on 21-8-2000. Thereupon Harpal Singh sent nqtice through his counsel to Kushal Pal Singh, applicant on 26-8-2000 making demand of the cheque, which was received back to Harpal Singh on 16-9-2000. Since the cheque issued by Kushal Pal Singh was dishonoured and in spite of notice being served on him the payment was not made, therefore, the complaint was filed on 25-10-2000.;