MANISH JHA Vs. STATE OF GNCTD

JUDGEMENT

(1.) The present Petition under Sec. 482 Cr.P.C. read with Article 227 of the Constitution of India has been filed for quashing of summoning order dtd. 21/8/2017 passed by the learned Metropolitan Magistrate.

(2.) It is submitted in the Petition that the Complainant had filed the Complaint against the Petitioner alleging that a cheque bearing No. 9915505 was issued by the Petitioner on his account maintained at Canara Bank, Hauz Khan Branch, New Delhi for an amount of Rs.9,10,000.00 in favour of the Complainant under a self written receipt of the Complainant dated 19.02.20213 towards the liability of the loan taken by brother and sister-in-law of the Petitioner i.e. Respondents No.3 and 4.

(3.) The Cheque was allegedly taken away by Respondent No.3 after about one year. The Complainant has not annexed the Cheque or the copy thereof before the Trial Court and made pre-summoning deposition of cheating. The falsity and fraudulent statement made by the Complainant stands exposed in light of the fact that the said Cheque was already withdrawn /used by the Petitioner way back in 29/2/2003 and thereafter, the said Cheque was destroyed by the Bank and certificate to this effect was issued on 2/11/2017.