JUGAL KISHORE @ BAGGA Vs. SUKHDEV SINGH AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure,1973 seeking quashing of the complaint No. 159 dated 12.4.2010 filed under Section 138 of the Negotiable Instruments Act, 1881 ( for short the Act') (Annexure P1) along with all consequential proceedings arising thereto .

(2.) Learned counsel for the petitioner has submitted that the complaint filed by respondent No.1-Sukhdev Singh was not maintainable as earlier the complainant had presented the cheque for encashment and it had been dishonoured by the Bank vide memo dated 28.8.2009. The cheque in question had been again re- presented to the Bank and it was dishonoured by the Bank vide memo dated 19.2.2010. The re-presentation of the cheques in question did not give rise to a fresh cause of action to the complainant to file the complaint.

(3.) After hearing the learned counsel for the petitioner, I am of the opinion that the present petition deserves dismissal.