NAVJOT KAUR Vs. INSCOL

JUDGEMENT

(1.) The short question involved in the present case is as to whether a person, who is neither a signatory of the cheque nor has issued cheque, can be made accused in a complaint under Section 138 of the Negotiable Instruments Act.

(2.) The brief facts of the case are that respondent (complainant) has filed complaint against Avtar Singh, father as well against Navjot Kaur daughter of Avtar Singh alleging therein that accused No.2-Navjot Kaur got admission in Foreign Nursing Course; to discharge the liability of Navjot Kaur-accused No.2, accused No.1, father of accused No.2 has issued one account payee cheque No.173472 from S.B.Account No.134400 dated 16.9.2007 for a sum of Rs.1,25,000/- drawn on Punjab National Bank, D.A.V. College, Jalandhar; on the presentation, cheque was dishonoured on account of insufficient funds on 22.9.2007; a legal notice was issued on 20.10.2007. However, despite of the service, payment was not made within the stipulated period, therefore, complaint was filed before the learned Magistrate on 27.11.2007.

(3.) I have heard learned counsel for the parties and have carefully perused the record. Section 138 of the Negotiable Instruments Act reads as under:-