JUGESH SEHGAL Vs. SHAMSHER SINGH GOGI

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal arises from the judgment and order dated 13th December, 2005 rendered by a learned Single Judge of the High Court of Punjab & Haryana at Chandigarh in Criminal Miscellaneous No. 47932-M of 2004. By the impugned judgment, the learned Judge, while partly allowing the petition preferred under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code") seeking quashing of a private complaint filed by the respondent (hereinafter referred to as "the complainant") under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act") has dismissed the petition qua the appellant.

(3.) THE Chief Judicial Magistrate, Panipat took cognizance of the complaint and vide order dated 20th September, 2003, directed issue of notice to all the accused. All the accused put in appearance; notice of accusation was given; they pleaded not guilty and claimed trial. THEreafter, all the four accused filed petition under Section 482 of the Code praying for quashing of the complaint. As noted earlier, by a short order, the High Court has dismissed the petition qua accused No.1, the appellant herein, on the ground that the plea of the appellant that the cheque was not issued by him involved a disputed question of fact which could not be gone into by the Court in proceedings under Section 482 of the Code. As regards the rest of three accused petitioners, the learned Judge allowed the petition holding that neither the cheque had been issued by them nor they had been shown to be vicariously liable under Section 141 of the Act. Aggrieved by the said decision, the appellant has come up in appeal before us.