DUSHYANT VERMA Vs. TEK CHAND

JUDGEMENT

(1.) No. one appears on behalf of the Respondent even on the third call. It is already 2:30 pm. Therefore, I am left with No. alternative but to dispose of the matter after hearing the learned Counsel for the Petitioner.

(2.) Dushyant Verma, proprietor of M/s Sholphin (India), the Petitioner herein, vide instant petition under Section 482 Code of Criminal Procedure, is seeking quashing of the criminal complaint No. 42/J/09 under Section 138 Negotiable Instruments Act pending in the court of Additional Chief Metropolitan Magistrate, Tis Hazari Courts as also the quashing of the impugned summoning order dated 29.01.2009 and the subsequent proceedings pursuant to the summoning order.

(3.) Briefly stated, facts relevant for the disposal of this petition are that Respondent No. 2 filed a complaint under Section 138 Negotiable Instruments Act against the Petitioner, claiming that the Petitioner took a friendly loan of '1.5 lakhs from the Respondent No. 2. For the liquidation of said loan, the Petitioner issued two cheques bearing Nos. 157072 and 157079 respectively dated 08.07.2008 and 10.07.2008 for '50,000/-and '1 lakh, both drawn on Punjab & Sind Bank, Ajronda, Faridabad. The complainant presented aforesaid cheques for encashment through his banker Canara Bank, Kamla Nagar but the cheques were dishonoured vide memo dated 26.11.2008 with the remarks "Exceeds Arrangements". Respondent No. 2 claims to have served the Petitioner with the notice of demand dated 11.12.2008 as envisaged under Section 138 Negotiable Instruments Act, but the Petitioner failed to pay the cheque amount within the stipulated period. This led to filing of the complaint.