KHUSHI RAM Vs. KEWAL KALRA

JUDGEMENT

(1.) KHUSHI Ram petitioner seeks the quashing of the complaint dated 8. 4. 88 and the summoning order dated 7. 6. 88 passed thereon by the learned judicial Magistrate 1 Class, Ludhiana.

(2.) ACCORDING to the averments made in the complaint under Section 406/420, indian Penal Code, Kewal Kalra is a partner in the firm M/s Rosy Hosiery Mills, ludhiana. On 16. 12. 87, the petitioner came to the respondent-firm for the purchase of goods. After making selection, he purchased goods worth Rs. 29,465. 84 regarding which bill No. 465 of the said date was prepared and the petitioner was asked to make payment. He, however, represented that he was a big business man ghaziabad of and has a huge amount in his account with Syndicate Bank ghaziabad and that the payment would be made later on. When the respondent did not agree to the same, the petitioner issued a cheque for Rs. 28,070. 04 dated 25. 1. 88 and paid the balance in cash. He further represented that he should be believed that the cheque would be honoured on presentation. Believing in this representation of the petitioner, the respondent accepted the cheque and delivered to goods to the petitioner. The cheque was presented on 26. 1. 88, but it was dishonoured. The petitioner was informed about dishonouring of the cheque and called upon to pay the amount in cash, but the same has not been paid.

(3.) IT is clear from the averments made in the complaint that the cheque had been given to make part payment of the price of the goods purchased. It was a post-dated cheque. In view of these facts, it is clear that post-dated cheque was issued to meet the liability created towards the goods purchased. Dishonouring of the cheque, in this situation, cannot be held to be a criminal act. From the dishonouring of the cheque, a presumption cannot be drawn that the drawer had dishonest intention at the time of issuing the cheque. From the facts stated in the complaint, no criminal liability is made out. It is purely a matter of civil nature and continuation of the complaint in order to enforce the payment of the cheque will tantamount to prospection of the proceedings in the Court of the Magistrate for an oblique motive. It amounts to abuse of the process of the Court. I hereby accept the criminal miscellaneous and quash the complaint and the impugned order dated 7. 6. 88 passed thereon subsequently. Petition allowed.