SULTAN SINGH Vs. TEJ PARTAP

JUDGEMENT

(1.) This is a petition under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint under Ss. 138/142 of the Negotiable Instruments Act, 1881 (in short 'the Negotiable Instruments Act') read with Sec. 420 IPC titled as "Tej Partap vs. Sultan Singh" pending in the Court of Judicial Magistrate 1st Class, Kurukshetra, as well as the summoning order dtd. 6/9/2019 passed by the Judicial Magistrate 1st Class, Kurukshetra and all the subsequent proceedings arising therefrom.

(2.) Brief facts of the case are that respondent Tej Partap had filed the abovesaid complaint against the present petitioner on account of dishonour of cheque bearing No.811255 dtd. 2/8/2019 for an amount of Rs.4.00 lacs drawn on Oriental Bank of Commerce, Village Umri, District Kurukshetra. After the said complaint was filed, the complainant appeared before the Court and examined himself as CW-1 and tendered in evidence his affidavit Ex.CWl/A and documents Ex.Cl to C6. After considering the same, vide order dtd. 6/9/2019, Judicial Magistrate 1st Class, Kurukshetra passed the impugned summoning order. Aggrieved against the same, the present petition has been filed.

(3.) Learned counsel for the petitioner has primarily raised two arguments to challenge the summoning order and the complaint.