RAJ KUMAR GUPTA Vs. MANMOHAN SINGH

JUDGEMENT

(1.) RAJ Kumar Gupta, the petitioner, in this petition under Section 482 of the Code of Criminal Procedure, 1973, seeks quashing of the complaint, annexure P-1, filed against him by the respondent for the offence under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, as amended by Act No. 66 of 1988, as also the order, annexure P-3, passed by the Judicial Magistrate, Chandigarh, summoning the petitioner to stand trial for the said offences.

(2.) THE facts as gathered from the complaint, annexure P-1, may be briefly stated : The complainant, Manmohan Singh, is running the business of marketing of TV sets Nikitasha and Choice and the petitioner had been making purchases from him on credit basis and making payments from time to time. Four cheques as detailed in para No. 2 of the complaint, annexure P-l, for Rs. 22,000 were issued and these cheques were drawn on the Bank of India, Sector 32, Chandigarh. The complainant presented the said cheques to the banker but the same were returned by the bankers with the remarks "payment stopped by the drawer". The complainant then approached the petitioner for cash payment but his request was not acceded to. Registered A. D. notice was then issued to the petitioner and the reply was received which was, however, incorrect. It is only an excuse made by the accused to save his skin from the criminal case under the Negotiable Instruments Act. The petitioner had thus played a fraud on the complainant by stopping payment of the cheque issued by him in his favour.

(3.) SECTION 138 of the Act provides as follows :