RAM SINGH Vs. SANJAY KUMAR MITTAL

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing the complaint No. 460 dated 12.03.2010, under Section 138 of the Negotiable Instrument Act (for short 'the Act') read with Section 420 of the Indian Penal Code and the summoning order dated 12.03.2010 passed by the Court of Judicial Magistrate 1st Class, Patiala. The learned counsel for the petitioner contends that the petitioner did not receive any legal notice sent through counsel. Even a copy of the legal notice brought on the record by respondent/complainant does not bear the signatures of the learned counsel through whose office, the notice was allegedly served upon the petitioner. It is further asserted that the complete detail of the loan advanced to the petitioner is also not reflected in the complaint. The notice was sent on the incorrect address. The learned counsel further submits that the original complaint filed in Court, too, is not signed by the complainant and it is only signed by the counsel. Therefore, it is to be quashed being not filed by a duly authorized person.

(2.) Lastly, it is asserted that the petitioner had never issued cheque to the complainant. Therefore, the learned counsel prays that the complaint deserves to be quashed.

(3.) On the other hand, the learned counsel for the respondent submits that the cheque was duly issued by the petitioner to discharge his liability. The legal notice was sent through registered post, receipt of which is Ex. C4. Even, if the details of the loan did not reflect in the impugned complaint but the cheque was duly signed by the petitioner in discharge of his liability.