ASHWANI KUMAR Vs. HARVINDER SINGH

JUDGEMENT

(1.) Petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.336 of 2007 dated 5.12.2007, under Section 138 of the Negotiable Instruments Act, 1881 (for short- " the Act") (Annexure P- 3) and all the subsequent proceedings arising therefrom.

(2.) Respondent-complainant has filed the complaint in question against petitioner under Section 138 of the Act with regard to dishonour of cheque No. 391952 dated 25.6.2007 and cheque No. 391953 dated 5.6.2007 in the sum of Rs. 40,000/- each. The case of the complainant, in brief, is that the said cheques had been issued by the petitioner in his favour on account of repayment of loan. However, when the cheques were presented for encashment, the same were dishonoured with the remarks "Insufficient Funds".

(3.) Learned counsel for the petitioner has submitted that the cheques in question had not been issued by the petitioner. As per the certificate issued by the Cooperative Bank on 10.4.2010 (Annexure P-5), the account was not in the name of petitioner but was in the name of Pushpinder Kumar. Hence, the complaint under Section 138 of the Act was not maintainable against the petitioner.