MURARI LAL Vs. SHIV PARKASH ETC

JUDGEMENT

(1.) This is a petition under Section 561-A of the Criminal Procedure Code filed by Murari Lal against whom a complaint under Section 420 of the Indian Penal Code had been filed by Shiv Parkash, Praying for quashing the complaint.

(2.) The facts giving rise to this petition are that a firm known as Ram Sahai and sons was working at Nawanshahr and Shiv Parkash was one of its partners. This firm had business dealing with the firm of Nand Lal Bhagwan Dass of Solan of which Murari Lal petitioner is one of the partness. The petitioner purchased goods form Ram Sahai and sons of credit and ultimately the accounts were settled on 11th January, 1969, and it was found that Rs. 14,110 were due from Murari Lal to Messrs Ram Sahai and sons. By Exhibit P.1 the matter was settled at Rs. 1,3000 and in view of this settlement the petitioner issued three post-dated cheques in order to make payment of the amount settled. The first cheque was dated 28th January, 1969, and was for Rs. 6,000 the second was dated 16th April, 1969, and was for Rs. 3,500 and the third was dated 16th MAy, 1969, and was also for Rs. 3,500. Subsequently, Murari Lal telephoned to Shiv Parkash not to send the cheque to the bank and agreed to send a draft for Rs. 4,000/- and a cheque for Rs. 2,000/-. This was done and Shiv Parkash received the amounts of the draft and the cheque in due course. However, when the second cheque was presented for collection it was received back dishonoured with the endorsement "refer to the drawer". It is further alleged in the complaint that the payment of the third cheque as stopped by Murari Lal. On these facts alleging that the complainant had been defrauded, Shiv Parkash filed a complaint under Section 420 of the Indian Penal Code against Murari Lal in the Court of the Judicial Magistrate First Class, Nawanshahr. After the preliminary evidence had been recorded, the petitioner was summoned as the learned trial Court found that a prima facie case under Section 420 of the Indian Penal Code was made out against Murari Lal petitioner. Being aggrieved the petitioner has filed the present application in this Court under Section 561-A of the Criminal Procedure Code for quashing the proceedings pending in the Court of the Judicial Magistrate First Class, Nawanshahr.

(3.) On behalf of the petitioner two contentions have been urged before me. Firstly, it is urged that the Judicial Magistrate First Class at Nawanshahr had no jurisdiction in this case. This is a matter which cannot be gone into in these proceedings. It is open to the petitioner to raise this objection in the trial Court and then come to this Court on the revisional side if he fails to get relief in the trial Court and the Sessions Court. The contention whether the Court at Nawanshahr has jurisdiction cannot be properly determined in proceedings under Section 561-A of the Criminal Procedure Code.