AMIT SUKHIJA Vs. PRITPAL SINGH

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for quashing of the order dtd. 14/2/2020 (Annexure P-6) passed by the learned Judicial Magistrate, 1st Class, Faridkot, in complaint case titled as Pritpal Singh Versus Amit Sukhija bearing NACT No.487 of 2018 dtd. 12/6/2018 (Annexure P-3) pending in the Court of Judicial Magistrate, 1st Class, Faridkot, vide which the application filed by the petitioner under Sec. 91 Cr.P.C. has been dismissed.

(2.) The brief facts leading to the filing of the present petition are that the petitioner/accused received a legal notice dtd. 22/5/2018 (Annexure P-1) issued on behalf of the respondent/complainant under Sec. 138 of the Negotiable Instruments Act. It was stated in the notice that on 10/1/2018, the petitioner had borrowed a sum of Rs.6,50,000.00 in cash for domestic needs from the respondent as a friendly loan and had also agreed to pay interest @ 1% per month. It was further stated in the notice that on 15/5/2018, the respondent demanded the said amount and the petitioner in discharge of his liability issued a cheque bearing No.017494 dtd. 15/5/2018 for Rs.6,50,000.00 from his account in IDBI Bank, Branch Faridkot in favour of the respondent. It was further stated in the notice that the respondent presented the cheque for encashment in his account, but the same was returned with the remarks "Funds Insufficient".

(3.) On receipt of the notice (Annexure P-1), the petitioner submitted a reply dtd. 25/5/2018 through his counsel. It was categorically stated in the reply that the petitioner had no dealing with Pritpal Singh, who is not known to him (i.e. complainant) and the cheque appears to be forged, while getting the same from one Raj Kumar. It was requested in the reply to supply a coloured photocopy of the said cheque or permit inspection of the original cheque.