KISHORE LAHOTI Vs. MAHABIR PRASAD MAHESHWARI

JUDGEMENT

(1.) THIS is a petition under Section 482, Code of Criminal Procedure, 1973, for quashment of complaint under Section 138 of the Negotiable Instruments Act, 1881, as amended up-to-date, read with Sections 420 and 34 of the Indian Penal Code, 1860, as well as for the quashment of the summoning order dated November 6, 1990, passed by the Judicial Magistrate First Class, Hissar, in that complaint.

(2.) MAHABIR Parsad Maheswari, the respondent, filed a complaint under Section 138 of the Negotiable Instruments Act, as amended up-to-date (for short "the Act"), read with Sections 420 and 34 of the Indian Penal Code, stating therein that the accused petitioners, as part of the liability which they were owing to the complainant had issued one cheque No. 988290, dated June 24, 1990, for Rs. 1,00,000 from their account No. 627/827 in the Bank of Rajasthan Ltd. , Tilak Marg, C. Scheme, Jaipur. The complainant stated that he presented the said cheque in his account No, SB-3361 with the Union Bank of India, Hissar, and the said bank sent the said cheque for clearing. The said cheque, when presented by the banker of the complainant in the Bank of Rajasthan Ltd. , Jaipur, was returned by the said bank with the remarks that the drawer had allegedly got payment of the said cheque stopped. It is then stated in the complaint that on enquiries the complainant came to know that, in fact, there were no sufficient funds and amount lying available in the said account of the accused which might have facilitated the clearing of the said cheque and to avoid the same, the accused in collusion with the bank officials put memo in the nature of payment stopped by the drawer, to help the accused and to defraud the complainant, which act of the accused and the bank officials was clearly aimed at causing financial loss to the complainant and a cheating act of the accused and the bank officials. It is further stated in the complaint that the banker of the complainant, i. e. , the Union Bank of India, Hissar, sent the said intimation to the complainant, vide their letter dated September 21, 1990, upon which a notice dated September 24, 1990, was sent to the accused by registered acknowledgment post in compliance with the provisions of Section 138 of the Act.

(3.) AFTER considering the complaint as well the preliminary evidence adduced by the complainant and other material placed before him, the Judicial Magistrate First Class, Hissar, summoned the accused to face trial for an offence punishable under Section 13 of the Act and under Section 420 read with Section 34 of the Indian Penal Code.