Advocates:
['RANJEET JOSHI', '', 'DEEPIKA', 'PR CHOUDHARY', 'BL CHOUDHARY']

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

O R D E R

S.B.CRIMINAL MISC. PETITION NO. 1008/2006

(Gopal Krishan Vs. State of Rajasthan & Anr.)

Date of Order

:

16/11/2006

PRESENT

HON'BLE MR. JUSTICE H.R.PANWAR

Mr. Vishawjeet Joshi for the petitioner.

Mr. Ashok Upadhyay, public prosecutor for the State.

None present for the non-petitioner No.2.

BY THE COURT:-

By the instant petition under Section 482 Cr.P.C., the

petitioner seeks quashing of criminal Complaint Case No. 247/05

pending in the Court of Judicial Magistrate, Ist Class, Rajsamand

(for short 'the trial court' hereinafter) for the offence under

Section 138 of the Negotiable Instruments Act, 1881 (for short

'the Act' hereinafter).

Heard learned counsel for the parties. Carefully gone

through the complaint filed by non-petitioner No.2.

It is contended by learned counsel for the petitioner

that no notice demanding the cheque amount has been served

on the petitioner and therefore, the petitioner is not liable for the

offence.

From the perusal of the complaint, the affidavit of the

2

complainant as also memo of petition, it appears that the

petitioner took a loan of Rs. 1