- (1.) Heard learned counsel appearing for the petitioner, State and learned counsel appearing for the Opp. Party No. 2. This application has been filed for quashing of the entire criminal proceeding of Chas P.S. Case No. 126 of 2007 (G.R. No. 1095 of 2007) as well as order dated 11.08.2010 whereby and whereunder cognizance of the offence punishable under Sections 406/ 420 of the Indian Penal Code and also under Section 138 of the Negotiable Instrument Act, has been taken against the petitioner.
(2.) Before adverting to the submissions advanced on behalf of the parries, the case of the complainant needs to be taken notice of:- It is the case of the complainant that there was a business relationship in between the complainant and the petitioner and in that course, the petitioner took a friendly loan by making promise that it would be returned within four months. In spite of passing off four months, when the money was not paid, reminder was given to the petitioner to make payment and then a cheque of Rs. 1,00,000/- was issued in favour of the complainant, which on its deposit, got dishonoured.
(3.) On such allegation, a Complaint Case No. 186 of 2002 was registered, which was sent under Section 156(3) Cr.P.C. for its institution and investigation before the concerned police station, upon which Chas P.S. Case No. 126 of 2007 (G.R. No. 1095 of 2007) was registered under Sections 406/ 420 of the Indian Penal Code and also under Section 138 of the Negotiable Instrument Act.;