Saurabh Mahajan vs Ankit Mohan Raturi and State of Uttarakhand

Prafulla C. Pant, J.—Heard.

By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the Petitioner has sought quashing of the proceedings of Criminal complaint case No. 5694 of 2010 Ankit Mohan Raturi v. Saurabh Mahajan, pending in the court of Additional Chief Judicial Magistrate, III, Dehradun.

Learned Counsel for the Petitioner submitted that complainant has served two notices on the Petitioner in respect of the same cheque, and as such, the criminal complaint is not maintainable. This Court has considered the point raised before it , and found that in the criminal complaint there is mention of only one notice dated 09.03.2010, prior to that it is not clear whether oral information regarding dishonour was given or in writing. The plea of two written notices is raised by the Petitioner (accused) which can be factually examined by the trial court, not by this Court in its jurisdiction u/s 482 Code of Criminal Procedure. Next contention advanced on behalf of the Petitioner is that it is a case of instruction of ''stop payment'' and not the insufficiency of funds as such, the criminal complaint is not maintainable. However, in view of principle of law laid down by the three judges of the Apex Court in Rangappa Vs. Sri Mohan, , this Court is of the view that even if the instruction was ''stop payment'', the criminal complaint is maintainable.

Therefore, the petition u/s 482 of Code of Criminal Procedure, is dismissed without expressing any opinion as to final merits of the case.