Shri Girish Chander Ghildiyal - Ex Major, v. Vijay Singh,

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.8044 of 2016

ORDER

This petition under Section 482 Cr.P.C., is filed by the petitioner/accused seeking to quash the proceedings in C.C.No.268 of 2015 on the file of VI Special Magistrate, Erramanzil, Hyderabad, registered for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, against him.

2. It is alleged in the complaint that the accused issued a cheque for a sum of Rs.72,00,000/- to the complainant for discharge of his debt and when the complainant presented the said cheque in the Bank, the same has been returned on the ground of 'funds insufficient'. Hence, after following due procedure, the complainant filed the present complaint against the accused.

3. Heard and perused the material on record.

4. In view of the specific allegations against the accused in the complaint, the matter has to be decided after full fledged trial. Therefore, I see no ground to interdict the impugned proceedings at this stage and quash the aforesaid C.C.

5.

Hence, the Criminal Petition is dismissed. Miscellaneous applications, if any, pending in this petition shall stand dismissed. ________________ M.S.K.JAISWAL,J 15th June, 2016 sj