MANJIT SINGH Vs. ATMA SINGH AND SONS

JUDGEMENT

(1.) THIS petition is filed under Section 482, Cr. P. C. for quashing the complaint under Section 138 of the Negotiable Instruments Act (Anncxure P-2), summoning order (Annexurc P- 3) and all the consequent proceedings arising therefrom. It is the case of the petitioner that on 15th may, 1998, the respondent filed a complaint against the petitioner under section 138 of Negotiable Instruments Act (hereinafter referred to as the act) in the Court of Sub-Divisional Judicial Magistrate, Muktsar. The petitioner issued a cheque for Rs. 1,88,852/- in favour of the respondent in january, 1998. The complainant presented the cheque to the Bank for collection on 18th April, 1998. The cheque was returned as it was dishonoured with the remarks "insufficient funds. " The complainant sent a legal notice to the petitioner which was received back with the report "not delivered". It is further stated in the petition that on the compliant being filed, the Sub-Divisional Judicial Magistrate recorded the preliminary evidence. Thereafter, the petitioner has been summoned to face trial. The petitioner challenges the complaint and the summoning order.

(2.) THIS petition is dated 27th January, 2000. It was, however, filed in this Court on 8th February, 2000. This Court passed the following order on 1st May, 2000 :

(3.) THE complainant respondent has filed the present application on 11 th September, 2000, Prayer is made that the aforesaid order granting stay of further proceedings be vacated. Along with the application, a detailed written statement is also filed. Prayer is made in the written statement that the petition being devoid of any merit be dismissed with exemplary costs. In this written statement, it is pointed out that after the summoning order was passed, the petitioner pleaded not guilty and claimed trial. On the statement of the petitioner, the trial has commenced. Thereafter, the entire evidence on behalf of the complainant has been produced. As many as three prosecution witnesses were examined and, thereafter, the evidence of the complainant was closed on 10th January, 2000. After the closure of the complainant's evidence, the statement of the petitioner Manjit Singh was recorded under Section 313, Cr. P. C on 6th April, 2000.