AMARJIT SINGH Vs. MAHARANI PAINTS PRIVATE LIMITED

JUDGEMENT

(1.) The compendium of the facts & material, culminating in the commencement, relevant for deciding the instant petition and emanating from the record, is that, initially, complainant-respondent M/s Maharani Paints Private Limited (for brevity "the complainant") filed a criminal complaint (Annexure P7) against M/s Possible Automobiles Private Limited, its Directors Daljit Singh son of Gurdev Singh and petitioner Amarjit Singh Bhurjee son of Mohinder Singh, under Section 138 of the Negotiable Instruments Act, 1881 as amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws Amendment Act, 1988 (hereinafter to be referred as "the N.I.Act").

(2.) Taking cognizance of the complaint and considering the preliminary evidence on record, the trial Magistrate summoned the accused to face the trial of indicated offence, by means of impugned summoning order dated 25.3.2009 (Annexure P8).

(3.) Instead of submitting to the jurisdiction of the trial Magistrate, the petitioner-accused has also earlier filed a petition, bearing CRM No. M-37709 of 2010 to quash the same very impugned complaint and summoning order. The petition was dismissed by a Coordinate Bench of this Court (S.S.Saron, J.), vide order dated 22.12.2010 (Annexure P9), which, in substance, is as under:-