AJMER SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) Petitioner has preferred this petition under Section 482 of the Code Criminal Procedure, 1973 seeking quashing of the complaint case No. 92/4 dated 12.6.2006 under Section 138 of the Negotiable Instruments Act,1881 ('the Act' for short) read with Section 420 of the Indian Penal Code ('IPC' for short) (Annexure P1) and summoning order dated 7.6.2006 (Annexure P2) alongwith all consequential proceedings arising therefrom.

(2.) Respondent-Mohinder Singh filed a complaint under Section 138 of the Act read with Section 420 IPC against the petitioner-Ajmer Singh and his co-accused Nirmal Singh.

(3.) The case of the complainant, in brief, was that the petitioner had met him and apprised him that Nirmal Singh was a travelling agent and would send the son of the complainant to Italy and complainant would have to pay Rs. 4 lacs. The complainant met both the accused. Nirmal Singh assured the complainant that he would send his son to Italy and demanded Rs. 2,50,000/- on 22.8.2005. The said amount was paid by the complainant at the asking of the petitioner to Nirmal Singh. Thereafter,Rs. 50,000/- were again paid to the accused. The complainant agreed to pay Rs. 1 lacs more to the accused after his son would leave for Italy. However, the accused failed to send the son of the complainant to Italy. In discharge of its liability, accused- Nirmal Singh issued cheque bearing No 963660 dated 15.12.2005 in the sum of Rs.4 lacs in favour of the complainant. However,when the cheque was presented for encashment, the same was dishonoured by the Bank due to insufficient funds. Hence, the complaint in question was filed.