VIPAN JAIN Vs. MUNI LAL AGGARWAL

JUDGEMENT

(1.) Petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.616/2 dated 5.1.2011 (Annexure P-1) under Section 138 of the Negotiable Instruments Act, 1881 (the Act for short); summoning order dated 5.1.2011 (Annexure P-2) and all the subsequent proceedings arising therefrom.

(2.) Complainant-respondent has filed a complaint against the petitioner and others under Section 138 of the Act read with Section 420 of the Indian Penal Code, 1860.

(3.) The case of the complainant, in brief, is that accused No.1 M/s Harish Oswal Hosiery Factory was partnership concern and accused No.2 to 4 i.e. Jagminder Jain, Vijay Kumar Jain and Vipan Jain were its partners. The complaint was filed qua dishonour of two cheques dated 12.8.2010 issued by the firm in favour of the complainant.