JAGMOHAN SINGH Vs. PARDEEP AGGARWAL

JUDGEMENT

(1.) Jagmohan Singh, the petitioner has brought this petition under the provisions of section 482 of the Code of Criminal Procedure, for quashing of Criminal complaint No. 5327 dated 24.03.2012 (Annexure P-1) and the summoning order dated 24.03.2012 (Annexure P-2) vide which the petitioner has been summoned to stand trial for an offence punishable under section 138 of the Negotiable Instruments Act, 1881, (for short the Act), by learned Judicial Magistrate 1st Class, Amritsar as also the subsequent proceedings arising therefrom. Claiming that the accused took a friendly loan from the complainant in a sum of Rs. 1,00,000/-and in discharge of that liability, he issued two cheques of Rs. 50,000/- each bearing Nos. 427793 and 427794 dated 22.2.2012 and 25.02.2012 respectively, drawn on Punjab and Sindh Bank Ltd., Branch Bhagtawala, Amritsar, the respondent has submitted that he presented the cheques for encashment through his bank i.e. HDFC Bank, East Mohan Nagar, Amritsar and was surprised when the cheques were received back dishonoured with remarks "Exceeds Arrangements" vide memo dated 27.02.2012. According to him, he served a legal notice to the accused dated 09.03.2012 through registered AD and despite service of the same, the accused failed to make the payment of the amount till the date of filing of the complaint.

(2.) Learned counsel for the petitioner drew my attention to Annexure P-2, the order dated 24.03.2012 passed by learned Judicial Magistrate 1st Class, Amritsar summoning Jagmohan Singh, the accused in the complaint to stand trial for an offence punishable under section 138 of the Act. He has further submitted that on receipt of the cheques dishonoured with memo dated 27.02.2012, a legal notice calling upon the accused to make the payment of the amount of the cheques was issued by registered AD on 09.03.2012. According to him, the complaint filed on 24.03.2012 is pre-mature.

(3.) Learned counsel for the petitioner drew my attention to section 138 of the Act where under proviso (c) the requirement is that drawer of such a cheque fails to make the payment of the said amount of money to the payee or to the holder in due course of the cheque within fifteen days of the receipt of the said notice.