SUMESH CHADHA Vs. YOGESH JAIN

JUDGEMENT

(1.) By way of the present petition, the petitioner seeks quashing of the complaint bearing COMA No.753 dated 14.01.2019 (Annexure P.I) and summoning order dated 27.02.2019 (Annexure P.2) passed therein by the learned trial Magistrate.

(2.) The complainant-respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') with the averments that accused-M/s Chadha Motors through its Partner Sumesh Chadha (present petitioner) took from him a loan of Rs.5,00,000/- vide cheque No.365512 dated 22.9.2011 (sic 22.11.2012) for a period of seven years; that the said cheque was duly encashed on 24.09.2011; that the accused in order to discharge their liability issued a cheque bearing No. 207372 dated 01.11.2018 for Rs.5,00,000/- drawn on ICICI Bank, Ludhiana; however, when the cheque was presented for encashment, the same got dishonoured with the remarks' insufficient funds' and that thereafter the accused were served with the legal notice, but to no avail.

(3.) In the said complaint, the learned trial Magistrate passed an order on 27.02.2019, thereby summoning accused No.l and 2 (i.e. the petitioner and his partnership firm) to face the trial.