SHASHI BHISHAN SHORI Vs. HARMINDER SINGH

JUDGEMENT

(1.) The compendium of the facts & 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 respondent-complainant Harminder Singh son of Gurmeet Singh has filed a criminal complaint (Annexure P1) against petitioneraccused Shashi Bhushan Shori son of late V.P.Shori for the commission of offences punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as the NI Act ) and Section 420 IPC, inter-alia pleading that the cheque of the amount of Rs. 1,91,000/- given by him (petitioner-accused) in discharge of his legal liability of payment of rent was dishonour on account of payment stopped by the drawer by Union Bank of India, Sector 70, Mohali. Not only that, the petitioner-accused did not make the payment, despite legal notice and thus he has committed the pointed offences.

(2.) Now the petitioner-accused has preferred the present petition to quash the impugned complaint (Annexure P1) and all other subsequent proceedings arising therefrom, invoking the provisions of section 482 Cr.PC.

(3.) The case set up by the petitioner-accused, in brief in so far as relevant, was that the complainant has filed a false impugned complaint and the Court at Mohali did not have the territorial jurisdiction to entertain it. On the strength of aforesaid grounds, he sought to quash the impugned complaint (Annexure P1) in the manner described here-inabove.