SURINDER SINGH Vs. VED PARKASH

JUDGEMENT

(1.) - Surinder Singh has moved the present petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India challenging a summoning order passed under Section 138 of the Negotiable instruments Act by Shri J. R. Singla, Sub Divisional Judicial Magistrate, Rajpura on 4th February, 1991.

(2.) BRIEFLY, the facts as alleged tin the complaint are that Surinder Singh allegedly purchased bricks from Ved Parkash from 6th June, 1990 from the brick kiln of the complainant situated at village Dhindsa, Tehsil Rajpura and the price of the bricks was valued at Rs. 25,300/ -. A cheque for Rs. 7000/- dated 30th June, 1990 and another for Rs. 10,000/- which was also dated 30th June, 1990 on two different banks one located at Dhuri and other located at Ambala Cantt were issued but these were dishonoured on 4th July, 1990 and 13th July, 1990 respectively. The legal notices were issued on 18th July, 1990 and these were served on the accused on 20th July, 1990.

(3.) IT may be useful to refer to the notice Annexure P-5 issued by the counsel for the present petitioner where there is a specific mention that the respondent never supplied the bricks and this was the reason that no offence has been committed by him. The learned counsel for the petitioner has referred to a photostat copy of the Cheques Annexure P-10 and P-11 which show that it was a case where payment was stopped at the instance of the drawer though the drawer possessed sufficient funds at the time, the cheques were drawn. He has placed on record photocopy of the balance sheet Annexure P-8 and P-9 and it is not a case where he has concealed bank account as it stood on the date in question.