LAWS(P&H)-2013-4-634

BALJEET KAUR AND ANOTHER Vs. LEEJA RAM

Decided On April 29, 2013
BALJEET KAUR AND ANOTHER Appellant
V/S
LEEJA RAM Respondents

JUDGEMENT

(1.) Petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.544 dated 22.12.2011 (Annexure P-1); summoning order dated 24.2.2012 (Annexure P-2) and all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioners has submitted that a perusal of the cheque itself reveals that it has been issued in the name of 'Yourself' as well as 'A/C Sajjan Kumar and company'. As per the complaint itself, the word 'Yourself' had been written on the cheque by the complainant himself. In these circumstances, the complainant could not be held to be the bearer of the cheque in question. Hence, the complaint in question was liable to be quashed.

(3.) Learned counsel for the respondent, on the other hand, has submitted that the complainant has proved on record various documents to establish the fact that the petitioners were liable to pay dues to the respondent to the tune of more than Rs. 26,00,000/-. The cheque in question had been issued by Parkash Singh Bhatti, partner of M/s Dashmesh Rice and General Mills as its authorised signatory in favour of the respondent company.