KAMLESH BARWAL Vs. JASWANT SINGH PANWAR

JUDGEMENT

(1.) Petitioners have filed the instant petition under Section 482 Cr.P.C., for quashing of Criminal Complaint No. 223 titled 'Jaswant Singh Panwar v. Sh. Dattaray and others', dated 29.7.2011, Annexure P-1, pending in the Court of the Judicial Magistrate First Class, SAS Nagar, Mohali, under Section 138 of the Negotiable Instruments Act, the summoning order dated 8.8.2011, Annexure P-2, and all the consequential proceedings emanating therefrom. It is claimed in the complaint that a deal was finalised with the complainant on one side and all the respondents on the other side. The work order was for Rs. 5,049,60/- for the entire Mahasatsang and the terms of payments were that Rs. 49,000/-was to be paid in advance by RTGS transfer, Rs. 1,55,960/- was in cash and balance payment was to be made by post dated cheque of 35 days. After completion of Mahasatsang, all the accused issued a cheque dated 3.5.2011, for a sum of Rs. 3,00,000/- of Union Bank of India, Mohali. On presentation of the said cheque, it was deposited with the Bankers of the complainant but it was dishonoured with remarks funds insufficient'. The complainant went to the office of respondents in Phase 3B-II, SAS Nagar, Mohali and met Mr. Dattaray (Rajan) Balighate, who told him that there was some financial problem and that the funds would be transferred to the account of the complainant within a week. The cheque was presented again with the banker but it was again returned unpaid.

(2.) The complainant had served a notice under Section 138 of the Negotiable Instruments Act, but it was returned by the postal authorities with a report 'not known/not traceable returned to sender'. The accused persons did not care to make payment of the dishonoured cheque within 15 days as required under law. The Judicial Magistrate First Class, Mohali, summoned all the accused under Section 138 of the Negotiable Instruments Act, for facing trial without attributing specific part to each of the eight accused.

(3.) The claim of the petitioners is that on receipt of the notice, the petitioners have submitted a reply by registered post through their Advocate a copy of which has been placed on record as Annexure P-3 informing that the petitioners had not drawn the cheque and that neither the petitioners were connected with the drawer nor there was any connivance on their part with the drawer of the cheque which had been dishonoured.