HARJINDER SINGH Vs. BAHGWAN

JUDGEMENT

(1.) THIS petition was filed, invoking jurisdiction of this Court, under Section 482, Cr.P.C. in order to seek quashing of the complaint filed by the respondent herein against the petitioner, in respect of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The petitioner also challenges the summoning order issued by the learned Judicial Magistrate, 1st Class, Gurgaon, dated 8.11.2012, after preliminary evidence was led, by which the learned trial Court found, prima facie, sufficient grounds to proceed under the provisions of the Negotiable Instruments Act.

(2.) LEARNED Counsel for the petitioner has tried to project to the effect that, the cheque was given as a security to the respondent for a loan taken by the petitioner, though, according to the petitioner, the said loan had already been returned and the matter fully and finally settled between the parties. The loan is stated to have been returned, in cash, on 30.6.2012.

(3.) NO receipt with regard to return of the loan has been annexed with the petitioner, nor, in fact, even any proof of the loan having been taken, has been shown.