MUKESH KUMAR Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This petition has been moved by Mukesh Kumar under Section 482 of the Code of Criminal Procedure (for brevity, the Code) for quashing complaint No. 454/2/09 dated 18.5.2001 Annexure P-1, summoning order dated 9.8.2001 Annexure P-2 and the order dated 10.8.2009 Annexure P-5 whereby the application filed by the petitioner for his discharge has been dismissed and all consequential proceedings flowing therefrom.

(2.) The brief facts giving rise to this petition are that Punjab State Electricity Board (hereinafter referred as the Board) lodged a complaint Annexure P-1 against the petitioner and others under Section 138 of the Negotiable Instruments Act, 1881 (for short the Act) containing the allegations that cheque dated 30.3.2001 had been signed and issued by Suresh Kumar towards payment of installments of payment of electricity bills. Similarly another cheque dated 27.3.2001 was also signed and issued by him in lieu of the payment of first installment of the bill for the tariff for the month January, 2001. The only role attributed to the petitioner is that he alongwith other accused Suresh Kumar had assured that the cheque will be honoured as and when presented for payment. On presentation, both these cheques were dishonoured.

(3.) I have heard the learned Counsel for the parties, besides perusing the record with due care and circumspection.