DEVENDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution read with Section 482 Cr.P.C. seeking quashing of the impugned order dated 30th May, 2007 passed by Sh.V.K.Bansal, Addl.Sessions Judge, New Delhi and also seeking quashing of summoning order dated 4th August, 2006 passed by Ms.Vrinda Kumari, M.M. in criminal complaint No.699/05.

(2.) The brief facts of the present case are that respondent filed a complaint case under Section 138 of Negotiable Instruments Act read with Section 420 and Section 34 of the Indian Penal Code against present petitioner and his parents alleging that respondent was having friendly relation with Satish Kumar Saxena, father of the petitioner who through his mobile phone called several times the respondent asking him for a loan of Rs.40,000/-. On 5th June, 2004, father of petitioner met the respondent and stated that he is in the need of money. On 6th June, 2004 petitioner along with his parents visited the residence of the respondent at Kothi No.467, Sector-6, Bahadurghar, Haryana and asked the respondent to give a loan of Rs.45,000/-, the repayment of which was assured by petitioner as well as his parents and it was stated that the money is required only for one month. Respondent was also told that father of the petitioner is going to retire in the month of July, 2004 and when he gets all his retirement dues, the payment shall be made. The petitioner was also working in a good company and owned a Tata India car and he also assured the respondent that he will pay the loan on time or shall deposit the same in her mother's account. On this assurance on the part of the petitioner, the respondent gave the loan. The cheque was issued by mother of the petitioner which bounced on presentation and when respondent contacted the petitioner and his parents, they refused to make the payment.

(3.) After recording the statements of witnesses the Magistrate summoned the petitioner as well as the parents vide impugned order dated 4th August, 2006.