LALIT KUMAR Vs. GRISH PAL GARG

JUDGEMENT

(1.) The petitioner has prayed for quashing the complaint dated 30.9.2009 and the summoning order dated 1.10.2009 passed by the Sub Divisional Judicial Magistrate, Narwana and so also the order dated 20.12.2012 passed by the learned Addl. Sessions Judge, Jind dismissing the revision against the order summoning the petitioner.

(2.) Respondent had filed a complaint against the petitioner under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act (for short "the Act"). It is alleged that with a view to clear the liability, petitioner issued two cheques No.191145 dated 8.4.2009 for a sum of Rs. 2,50,000/- and another cheque No.191147 dated 9.4.2009 for a similar sum of Rs. 2,50,000/-. The cheques were drawn on Union Bank of India, Panchkula. When the complainant deposited these cheque with his Banker for collection, these were returned on 10.8.2009 with a memo reading "funds insufficient". The complainant then served a legal notice on 19.8.2009 for payment of the cheques amount within fifteen days. The complainant thereafter filed a complaint on 30.9.2009 under Section 138 of the Act.

(3.) The complainant led evidence before the Court and then Sub Divisional Judicial Magistrate, Narwana passed an order summoning the petitioner, copy of which is annexed with the record as Annexure P-2. Aggrieved against the same, the petitioner preferred a revision against this order pleading that he has no concern with the complainant and had no business dealings or commitments with him. As per the petitioner, he never issued the alleged cheques. It is also alleged that the complainant had sent a legal notice on the wrong address with an aim to misuse the process.