SUMIT SINGLA Vs. KALA MANDIR SAREES AND JEWELLERS

JUDGEMENT

(1.) The petitioner seeks quashing of complaint dtd. 26/9/2018 (Annexure P-2) as well as order dtd. 13/11/2019 (Annexure P-3) vide which he has been ordered to be summoned so as to face trial for offence under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act').

(2.) The respondent/complainant Kala Mandir Sarees and Jewellers, through its proprietor Smt. Madhu Bala, instituted a complaint against SGM Steel Private Limited and its Directors Sumit Singla (petitioner) and Tina Singla wherein it is alleged that the complainant, upon being requested by the accused to advance loan, had transferred an amount of Rs.25.00 lacs by way of two different bank transactions made on 14/12/2011, as the complainant was having family relations with the accused. It is alleged that the accused had assured that interest on the said amount @ 12% per annum would be paid till return of the principal amount. It has specifically been stated therein that the accused had been paying interest, as had been agreed upon and finally on 6/7/2018, a cheque bearing No. 015973 dtd. 6/7/2018 drawn on Union Bank of India, Karnal, for an amount of Rs.25.00 lacs was issued by accused from bank account No. 309201010035144, but the same upon its presentation, was returned back upaid with the remarks 'account closed' vide memo dtd. 18/7/2018. The complainant, thereafter, issued requisite notice and since no payment was made by the accused despite the said notice, the complainant instituted the complaint against the accused.

(3.) The complainant led preliminary evidence on the basis of which the accused were summoned by learned Judicial Magistrate First Class, Hisar vide order dtd. 13/11/2019 (Annexure P-3).