LAW FOR ALL

respondent No.2 can invoke the jurisdiction of the criminal Court under Section 138 of the Negotiable Instruments Act, 1881; that without initiating the mandated procedure, filed the above complaint and hence, he prays to quash the proceedings against the petitioner. -The de facto complainant believing the false representation made by the petitioner, supplied 11 loads of paddy weighing 2,300 tonnes of paddy, but he did not pay a single pie and on demand, the accused issued the above said three cheques and when they were presented, the de facto complainant was informed by the bank authorities that no amount was lying in the account of the petitioner. If the petitioner knowing that there was no amount available in his account, issues a cheque, it is a deception. Therefore, the case of the de facto complainant is that the petitioner intentionally deceived him and has taken away 11 loads of paddy and did not pay that amount. Therefore,prima facie offence under Section 420 IPC is made out against the petitioner. Hence, the question of quashing the proceedings against the petitioner does not arise.