BALBIR SINGH Vs. RAKHWANT SINGH

JUDGEMENT

(1.) This is a petition preferred by the accused-petitioner against the order of summoning dated 21.10.2008 (Anneuxre P-6) passed by Judicial Magistrate, 1 st Class, Tarn Taran and also for quashing the complaint No.25 of 2008 (Annexure P-5) dated 14.6.2008 titled as "Rakhwant Singh Vs. Balbir Singh", under Section 138 of Negotiable Instruments Act, 1881.

(2.) Briefly stated, the complainant/respondent has approached the petitioner who is a Proprietor of International Exporters, Sector 22-B, Chandigarh, engaged in the business of sending people abroad by arranging their visas. Keeping faith upon him, the complainant desired to go abroad and for this purpose, he paid Rs.1,50,000/- in cash to Balbir Singhpetitioner. The said amount was transferred in his account vide receipt dated 4.11.2006 and Rs.10,000/- vide receipt dt. 10.11.2006. Despite having received the aforesaid amount, the complainant was not sent abroad and finally in order to discharge the debts and liabilities, a cheque No.551837 dated 30.1.2008 for a sum of Rs.80,000/- was issued. The said cheque was presented on 16.2.2008 but the number of cheque was wrongly mentioned as 909936 in stead of 551837. Thereafter, the said cheque was presented before the Punjab National Bank which was dishonoured vide memo dated 21.4.2008. Legal notice dated 3.5.2008 was issued but in spite of that, the amount was not paid and ultimately, complaint was filed on 14.6.2008.

(3.) The petitioner has challenged the order of summoning as well as complaint in the present petition.