KAPILA TRADING CO. Vs. MITTAL TRADING CO.

JUDGEMENT

(1.) The contour of the facts and material, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that M/s Mittal Trading Company through its sole proprietor Sanjiv Kumar complainantrespondent (for short "the complainant") filed a criminal complaint (Annexure P1) against petitioners-accused Kapila Trading Company and its proprietor Vivek Kapila, under section 138 of the Negotiable Instruments Act (hereinafter to be referred as "the NI Act"), inter-alia, pleading that they (petitioners-accused) purchased various items through different invoices from its firm. After the settlement of accounts on 13.6.2009, the balance amount of Rs.34,404/- was due towards them. In order to meet the legal liability, the accused gave cheque in question and assured that there will be sufficient balance in their accounts. When the cheque was presented in the bank at Bhawanigarh, District Sangrur, the same was dishonoured/returned with the remarks "Payment Stopped by Drawer", alongwith Memo dated 20.6.2009. After dishonour of the cheque, the complainant issued the legal notice to the accused on 20.7.2009, to which, they replied by mentioning the wrong and false facts with the intention to deter the complainant to recover the amount in question.

(2.) Levelling a variety of allegations and narrating the sequence of events in detail, the complainant filed the complaint (Annexure P1) against the accused for the commission of indicated offence, in the manner described hereinabove.

(3.) Taking cognizance of the complaint and after considering the preliminary oral (CW1) as well as documentary evidence, mark-A, affidavit (Ex.CW1/A) and Ex.C1 to Ex.C7, the trial Magistrate summoned the accused to face the trial under section 138 of the NI Act, by way of impugned summoning order dated 28.8.2009 (Annexure P6).