JUDGMENT - Manoharan L., J.:—This criminal application under section 482 of the Criminal Procedure Code is for quashing the complaint and proceedings in Complaint Case No. 4299 of 1994, pending on the file of Chief Judicial Magistrate, Wardha. The complainant, who is the non-applicant No. 1 here, as well as the applicant are businessmen. The applicant had purchased pulses from the complainant and had issued post-dated cheques dated 18-5-1995, 2-6-1994 and 5-6-1994 in favour of the complainant - non-applicant No. 1 which were drawn on Punjab National Bank, Lakadganj, Nagpur. When the cheques were sent for collection, the bank dishonoured the same on 29-6-1994. Notice of dishonour was received from the bank by the non-applicant No. 1 on 1-7-1994 at Nagpur. On receipt of the same, the non-applicant No. 1 issued the notice of dishonour to the applicant on 15-7-1994. The applicant refused to accept the said notice on 22-7-1994. The allegation in the complaint is that after the expiry of the period fixed under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'), the complaint filed before the Chief Judicial Magistrate, Wardha, for having committed

Click Here to Read the rest of this document