RAJKUMAR SHUKLA Vs. SUBODH AGRAHARI

JUDGEMENT

(1.) Applicant/accused has filed this petition under Section 482, Cr.P.C for quashment of Complaint Case No. 20579/2006 pending before JMFC, Jabalpur.

(2.) A complaint filed by respondent/complainant under Section 138 of the Negotiable Instruments Act (hereinafter shall be referred to as 'the Act') against the applicant/accused on the ground that the cheque was returned for the reason that there was insufficient fund as well as the signature differs from the specimen signature on record, thus impugned complaint be quashed.

(3.) The short facts of the case are that the respondent has filed a complaint case before the bank regarding a cheque of Rs. 57,600/- (bearing cheque No. 073512-482023001) dated 2-5-2006 of Punjab and Sind Bank, Jabalpur. The cheque was returned back by the bank stating that signature does not tally as well as the funds are insufficient. A demand notice for payment of the amount was served on the applicant. After receipt of notice applicant/accused replied the notice (Annexure P-5), dated 17.5.2006 alleging that the aforesaid cheque was lost from his shop and he never gave the cheque to the respondent. Applicant/accused has specifically mentioned in the reply of notice. (Exh. P-5, dated 17.5.2006) that he has lodged a report regarding loss of cheque at Police Station, Adhartal.