JOGINDER TULI Vs. KARAMJIT SINGH

JUDGEMENT

(1.) ACCUSED Joginder Tuli has filed this petition under section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) for quashing criminal complaint Annexure P/1 and order Annexure P/2 passed by the trial Magistrate. Respondent-complainant Karamjit Singh has filed criminal complaint Annexure P/1 against the petitioner-accused under sections 138 and 142 of the Negotiable Instruments Act (in short, the Act) regarding dishonouring of the cheque allegedly issued by the petitioner-accused.

(2.) LEARNED Magistrate vide order Annexure P/2 has found prima facie case against the petitioner-accused under section 138 of the Act and has accordingly served notice of accusation. Counsel for the respondent stated that no reply is required to be filed and he is ready for arguments. I have heard learned counsel for the parties and perused the case file. Notice of motion was issued vide order dated 8.11.2011 which is reproduced hereunder:-

(3.) RESULTANTLY , the instant petition is allowed. Impugned criminal complaint Annexure P/1 and order Annexure P/2 are set aside with liberty to the respondent to file fresh complaint against the petitioner in court of competent jurisdiction, if so permissible under the law.