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2015 Supreme(P&H) 1184

SABINA
Som Nath – Appellant
Versus
Mukesh Kumar – Respondent


Advocates:
For the Petitioner:Mr. Harish Sharma, Advocate.
For the Respondent: None.

JUDGMENT

Mrs. Sabina, J.: - Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No. COMA/5003 dated 24.7.2014 titled “Mukesh Kumar versus Som Nath” under Section 138 of the Negotiable Instruments Act, 1881 (‘Act’ for short) and all the subsequent proceedings arising therefrom.

2. Learned counsel for the petitioner has submitted that a perusal of the complaint itself reveals that the cheque in question had been issued qua a time barred debt. Therefore, the complaint in question was liable to be quashed. In support of his arguments, learned counsel has placed reliance on ‘Manjit Kaur versus Vanita 2010(3) R.C.R. (Criminal) 574’, wherein it was held as under:-

“Adverting to the facts of the instant case, the cheque was issued on 28.6.2003. On reckoning, it works out that the loan was advanced somewhere in June, 1999. A meticulous perusal of the evidence on record would reveal that the appellant has not produced any document or other evidence revealing that the accusedrespondent had acknowledged the debt within three years from the date of loan. Thus, by the time, the cheque was issued, the debt became barred b


















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