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RAJENDRA MAHAJAN
Manish Maseih S/o Late Shri S. E. Maseih – Appellant
Versus
Babulal Sen S/o Pancham Lal Sen – Respondent
Rajendra Mahajan, J.
1. With the consent of learned counsel for the parties, the matter is heard finally at the motion stage. The petitioner has filed this petition under Section 482 of the Cr.P.C. for quashing the entire proceedings of Criminal Complaint Case No. 1618/2011 titled Babulal vs. Manish Maseih, pending on the file of Judicial Magistrate First Class Khurai, District Sagar.
2. Be it noted that the petitioner and the respondent herein are the accused and the complainant of the said case respectively.
3. The facts leading to filing this petition are summarized as follows:-
3.1. On 30.09.2011, the respondent has filed a criminal complaint under Sections 200(2) Cr.P.C. and 138 of the Negotiable Instruments Act, 1881 (for short "NI Act") for the prosecution of the petitioner under Sections 415 and 420 of the IPC and 138 NI Act. The substratum of the compliant is that the respondent has friendly relations with the petitioner. The petitioner asked him for a loan of seven lakh (seven hundred thousand) rupees for fulfilling his personal obligations. On 09.10.2009, he gave him seven lakh rupees in cash. On the same day, the petitioner handed over a written acknowledgement to hi
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