DALJIT SINGH Vs. JASBIR SINGH SANDHU

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure (in short 'the Code') has been filed seeking quashing of criminal complaint No.2428/2/2009 dated 17.10.2008 (Annexure P1) and summoning order dated 17.10.2008 (Annexure P2) passed by the Judicial Magistrate 1st Class, Jalandhar.

(2.) The brief facts of this case are that Jasbir Singh Sandhu through his attorney Jatinder Sharma (respondent herein) filed a complaint against the petitioner under Sec. 138 of Negotiable Instruments Act, 1881(in short 'the Act') on the allegations that the petitioner in discharge of his liability towards loan taken by him issued a cheque bearing No.004129 dated 25.5.2008 amounting to Rs. 3 lacs drawn on Centurion Bank of Punjab Limited. The cheque, on its presentation to the bank, got dishonoured with the remarks "funds insufficient" vide memo dated 02.09.2008. The drawer failed to make payment of cheque amount despite receipt of legal notice issued on 13.09.2008.

(3.) Counsel for the petitioner would contend that the complainant has filed the complaint through his alleged attorney Jatinder Sharma without any averment that the attorney has personal knowledge of the transaction in question. It is further submitted that neither in the complaint nor in the statement of Jatinder Sharma recorded during preliminary evidence, there is any reference that Jatinder Sharma has personal knowledge of the facts put forth in the complaint. It is further submitted that in the absence of any such assertion as to the knowledge of the Power of Attorney holder about the transaction in question either in the complaint or in his statement by way of affidavit Ex.CA (Annexure P5 herein), the order passed by the Judicial Magistrate to issue process for the offence punishable under Sec. 138 of the Act is liable to be set aside. In support of his contention, he has placed reliance upon judgment of the Honourable Supreme Court of India in M/s Shankar Finance & Investments Vs. State of Andhra Pradesh & Ors., 2008(3) RCR (Criminal) 885.