BABU LAL Vs. KEWAL CHAND

JUDGEMENT

(1.) HEARD finally at motion stage. This petition is for impugning the criminal proceeding pending against the petitioner in Criminal Case No. 180/07 in the court of Judicial Magistrate First Class, aron Distt. Guna, based on a private complaint filed by respondent under Section 138 of Negotiable Instruments Act (herein after referred to as the Act)and also the impugned order dt. 19th June, 2007 by which the learned Magistrate has taken cognizance against the petitioner.

(2.) SHRI Sharma, for petitioner, has submitted that the cheque in question was not issued by the petitioner to the respondent in his name. The cheque annexure P 5 was issued by the petitioner to himself while mentioning the word "self in the cheque. He has also submitted that cheque is a bill of exchange under Section 6 of the Act and as defined in Section 5 of the Act, cheque is always to be issued to a certain person. In support Shri Sharma has drawn attention of the Court on an order passed by a Single bench of Gauhati High Court in Dr. Jiten barkakoti v. Subrata Patangia and Another, 2005 Cri LJ 3598.

(3.) SHRI Jain, for respondent has submitted that the cheque was bearer also, which can be encashed by the respondent/complainant. As per the averment in the complaint and statements of the witness the cheque was given against legal liability of the petitioner. He placed reliance on a judgment of a Single Bench of Punjab and haryana High Court in Mahesh Goyal v. S. K. Sharma, 1997 Cri. L. J. 2868.