YOGESH JAIN Vs. SUMESH CHADHA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are at the instance of the original complainant of a complaint lodged under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the N.I. Act') and are directed against the orders passed by the High Court of Punjab and Haryana at Chandigarh dated 15.01.2020 in the CRM-M No. 27736 of 2019 by which the High Court quashed the order passed by the Judicial Magistrate, Ist Class, Ludhiana summoning the accused for the offence punishable under Section 138 of the N.I. Act and the order passed by the High Court in the CRM No. 3389 of 2020 (recall application) in CRM-M No. 27736 of 2019 by which the High Court rejected the application for recalling of the above order dated 15.01.2020 passed in the CRM-M No. 27736 of 2019.

(3.) The High Court seems to have proceeded on the footing that there is no averment in the entire complaint as regards any kind of acknowledgment of the said debt by the accused within the period of three years i.e. within the limitation period of recovering the debt.