CHIMAN LAL Vs. GANESH OUL INDUSTRIES

JUDGEMENT

(1.) THIS order shall dispose of the above-mentioned seven Criminal Misc. Petitions as the common question of law is involved. The facts have been taken from Crl. Misc. No. 37338m of 2002.

(2.) THIS is a petition filed under Section 482 Cr. P. C. for quashing the orders dated 20. 9. 2000 and 25. 2. 2002 passed by Sub Divisional Judicial magistrate, Fazilka and Addl. Sessions Judge, Ferozepur respectively being unlawful, illegal and contrary to the statutory provisions of law.

(3.) BRIEFLY stated, the facts are that M/s. Shree Ganesh Oil Industries salem Shah Road, Fazilka, through its partner i. e. respondent filed a complaint under Section 138 of the Negotiable Instruments Act (for short, "the Act') read with Section 420 IPC against the petitioner on the ground that there was an account between the parties and the same was squared up on 22. 1. 1996 and an amount was due to the petitioner, for which he issued cheque No. 324308 drawn of State Bank of Patiala, Fazilka for a sum of Rs. one lac, which was however, dishonoured vide order dated 20. 9. 2000, Annexure P-2. The petitioner was summoned under section 138 of the Act. In the presence of the petitioner, preliminarily evidence was recorded. Finding a prima facie case, the learned sub-Divisional Judicial Magistrate gave a notice as to why he should not be convicted and sentenced under Section 138. of the Act vide order dated 20. 9. 2000.