SAURABH BEHL PETITIONER Vs. SUBLIME CHIT FUND COMPANY

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, for quashing of criminal complaint (Annexure P-1), order dated 31.03.2008 (Annexure P-2) vide which the petitioner was summoned to face trial; and the order dated 03.03.2011 (Annexure P-4) whereby the prayer of the petitioner for discharging him from the case was dismissed.

(2.) Brief facts of the case are that the respondent is private limited Company incorporated under the Companies Act in the name and style of M/S. Sublime Chit Fund Company Private Limited. The loan along with interest at the rate of 18% per annum was due from the petitioner. In partial discharge of his liability to repay the loan amount and interest due to the complainant, he issued cheque No. 453806 dated 25.01.2008 for Rs.1,50,000/- drawn on the State Bank of India, Amritsar. The said cheque was presented for collection by the respondent through Punjab and Sindh Bank, Amritsar. On presentation, the cheque was returned with the remarks "insufficient funds". On receipt of the cheque from its bank, the respondentcomplainant got served the statutory legal notice upon the petitioner through registered post and UPC as well, calling upon him to make the payment of the dishonoured cheque within the period mentioned in the notice. The petitioner failed to make the payment and hence the complaint was filed and the petitioner was summoned to face trial.

(3.) The petitioner moved an application before the learned trial court for his discharge on the ground that the impugned cheque was not issued by him, rather one Sunil Kumar had signed the same.