I.D. JAIN Vs. MADAN LAL JAIN

JUDGEMENT

(1.) The order impugned in this petition is of 26th May, 2003, vide which trial court has summoned the petitioner as an accused in Criminal Complaint No. 1321 of 2006 titled as "Madan Lal Jain v/s. I.D. Jain", under Sec. 138 of the Negotiable Instruments Act, r/w Sec. 420 of the IPC.

(2.) Quashing of not only the aforesaid summoning order but also of the abovesaid complaint is sought by the petitioner by contending that the basic ingredients of the offence alleged are not made out as it is not disclosed in the above said complaint that the cheque in question had been issued by the petitioner/accused in discharge of, whole or in part of the debt or other liability and therefore, statutory presumption under Sec. 139 of the Negotiable Instruments Act does not arise against the petitioner. Reliance has been placed upon decisions reported in : (1988) 1 SCC 692; : (2000) 2 SCC 745; : 2001 (58) DRJ 168 and : (2006) 6 SCC 736, to contend that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the court is as to whether the uncontroverted allegations as made, prima facie establish the offence.

(3.) After having heard both the sides and upon perusal of this case, I find that there is no dispute with the aforestated legal position. It would be pertinent to refer to the averments made in Para -6 of the complaint in question, to find out as to whether the dishonoured cheque of Rupees five lakhs only was for a consideration or was without any consideration. Para -6 of the complaint, Annexure -P -1, reads as under: